I-130 and 2 Year HRR

[Shane Shavers 0]

Hello everyone,

I am new to this site and thought I could get some advice from people that have gone through or going through the same thing as me. I am a US born citizen. My wife was on a J1 Visa program at the hotel I started at in March 2012. She was 8 months into her year long visa. We met, fell in love, and the rest is history. We got married in the US on June 4, 2012. Before that we looked into a waiver for the 2 year HRR. We applied for the No Objection Waiver on June 8th. She left to go back to Malaysia June 20th. After discussing our situation with a few co-workers, I was advised to seek legal help with my situation to see if there was anything else that we could do. My lawyer told me about the I-130. I looked into and decided that would be the best option. My lawyer told me that filing and I-130 would basically cancel the pending No Objection Waiver but would long term be the better option. I filed and sent our I-130 on Spetember 6th. I received text/email confirmation along with our letter of receipt on September 11th. Since then I have checked daily online and even called a couple of times. I have yet to see any progress since that time. My lawyer told me that since I am a born US citizen and we are already legally married here that they will waive the 2 year HRR with no problem. I find that hard to believe. We got a response from the Malaysian consulate stating that they approved their part of the No Objection Waiver but since I filed the I-130, I never sent the No Objection Waiver out to the US Gov. I really am looking for some help as far as what to expect, what comes next, and when I should receive some kind of notice that it has passed the initial review state?

[Darnell 8,478]

ultimately, the need for the waiver

is evaluated

at

the US Embassy, IV Unit, in Kuala Lumpur,

on or around interview day.

That's just how it works.

If you'd like to get it IN to the IV unit prior, you've one chance,

and that's to submit it with the DS-230 into NVC when it's time to handle NVC doc intake.

Good Luck !

ps - the waiver is never required for initial I-130 submittal, ever. It's nice to show it, if you have it, but it's not required and stops nothing during I-130 adjudication.

Edited January 24, 2013 by Darnell

[Shane Shavers 0]

Well I haven't heard anything from USCIS. I'm just wondering what we are in store for? Is it normal to it be 4 months into it and not here anything from them? Is she still going to have to fulfill the 2 year HRR even though we were married before she left the US?

Well I haven't heard anything from USCIS. I'm just wondering what we are in store for? Is it normal to it be 4 months into it and not here anything from them? Is she still going to have to fulfill the 2 year HRR even though we were married before she left the US?

[Darnell 8,478]

We got a response from the Malaysian consulate stating that they approved their part of the No Objection Waiver

Then you've got the thing you need.

for the rest, simply wait.

study this page, soonish?

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

Is she still going to have to fulfill the 2 year HRR even though we were married before she left the US?

Nope, as there's a 'no objection' filing somewhere - it's simply on YOU to get it into the IV Unit in Kuala Lumpur, later (and at the right time).

[Shane Shavers 0]

I've yet to see the NVC part of this. I thought everything was done through USCIS. Is there any way I can get her back to the states while it is pending?

[Darnell 8,478]

can study the NVC side of this, instead? Soon?