J-1 Homestay waiver or other way around?

[fa08 0]

Hello,

I am a US citizen with a Brazilian fiancé. Currently I am a student in the US and he is a student in Brazil. We met while he was here on a J-1 visa until one year ago. He has been denied a tourist visa once and was told that it was because he was applying from a different country (India) and should try in Brazil. He didn’t try when he got back to Brazil because we thought he wouldn’t be given a visa since he probably doesn’t have enough significant ties to Brazil to outweigh our relationship (he is finishing a PhD, doesn’t have a job or own a house or those things). He’s got the 2-year homestay requirement and just applied for a no-objection waiver since he hasn’t completed the requirement yet and we’d really like to go ahead and apply for the K visa! I’d like to know if anyone knows of a different way we could or should go about this – shortcuts or different approaches…? Right now we’re looking at nearly two years at least before he could come here, and until that point I am considering what my options are – taking a break from school or who knows? But if we could figure out a way to speed it up, I’d love to hear your suggestions!

Thanks so much!

[aaron2020 11,652]

The only way he can come and stay is if his sponsor waives the 2 years requirement. So it's up to his Brazilian sponsor and not the US government.

He agreed to the 2 years homestay to get his sponsorship, so he's stuck with the deal he made unless the other party agrees to change the deal.

[fa08 0]

Thank you for your response, aaron2020! I've heard of people sending letters to their congressmen to petition visa decisions - do you think this might be useful if he's denied the waiver? or is that something people do to petition decisions made on tourist visas? i'm really just looking for anything I can do to speed this process up, or a different way to get him here!

thanks!

The only way he can come and stay is if his sponsor waives the 2 years requirement. So it's up to his Brazilian sponsor and not the US government.

He agreed to the 2 years homestay to get his sponsorship, so he's stuck with the deal he made unless the other party agrees to change the deal.

Edited February 16, 2013 by fa08

[Harpa Timsah 13,260]

There is nothing different or faster to do. Go for the J-1 waiver and see what happens. You need that approved before you can start a K-1. Since the issue is with a foreign body who sponsored him, a US congressperson cannot help.

[aaron2020 11,652]

Thank you for your response, aaron2020! I've heard of people sending letters to their congressmen to petition visa decisions - do you think this might be useful if he's denied the waiver? or is that something people do to petition decisions made on tourist visas? i'm really just looking for anything I can do to speed this process up, or a different way to get him here!

thanks!

What would a US Congressman going to do about a foreign contract between your fiancée and his Brazillian sponsor?

The problem is not the US. The problem is the foreign contract between your fiancée and his Brazilian sponsor.

The only thing that would allow the US government to issue an immigration visa or benefit is for your fiancée's Brazilian sponsor to agree to change the contract by waiving the 2 years rule.

Using a tourist visa to adjust his status in the US is bad idea for several reasons. First, it is migration fraud to use a non-immigrant tourist visa to enter the US with the intent to immigrate. Second, the US will deny any petition for him to stay because he has not met the 2 years homestay requirement.

You need to understand that the problem is on the Brazilian side and not the US.

No go on the Brazilian side on the waiver, then no go. It's that simple. There is no work around. Your fiancée made an agreement where his Brazilian sponsor paid for him to study in the US, and he needs his Brazilian sponsor to give him the waiver before the US can provide him with any immigration benefit.

Edited February 16, 2013 by aaron2020

[fa08 0]

Thanks Aaron and Harpa Timsah for the information. I guess I'll just sit tight for now until we find out if the homestay requirement is waived.

[fa08 0]

Hi Aaron,

I just saw the part of your post responding about my question on the tourist visa. I didnt mean that he would use the tourist visa to immigrate here, but just to visit. right now our only option of seeing each other is during the small amount of vacation time i can get. I wanted to know if there is a way to petition a tourist visa denial, just so he could come to visit for a month or two until his 2 year requirement is met.

thanks again!

[aaron2020 11,652]

Hi Aaron,

I just saw the part of your post responding about my question on the tourist visa. I didnt mean that he would use the tourist visa to immigrate here, but just to visit. right now our only option of seeing each other is during the small amount of vacation time i can get. I wanted to know if there is a way to petition a tourist visa denial, just so he could come to visit for a month or two until his 2 year requirement is met.

thanks again!

A tourist visa denial cannot be appealed. He can only apply again. Unless his circumstances changes between applications, the answer will likely be the same.

Also, a collection of denials could adversely affect him in the future since multiple denials may show how deaperate he wants go to the US that a fiancée or spousal visa may be suspected to be for the sole purpose of committing immigration fraud.

[fa08 0]

A tourist visa denial cannot be appealed. He can only apply again. Unless his circumstances changes between applications, the answer will likely be the same.

Also, a collection of denials could adversely affect him in the future since multiple denials may show how deaperate he wants go to the US that a fiancée or spousal visa may be suspected to be for the sole purpose of committing immigration fraud.

That's what I was afraid of. Ok, now i'm glad we didnt try the tourist visa route again. thanks for the information, Aaron.

[AKSinghSingh79 143]

I met my husband while he was on a J-1 visa. As the above posters said, there are only two options to get around the home residency requirement. The immigrant must fulfill the home residency requirement or apply for the waiver.

My husband (then fiance) and I chose to fulfill the home residency requirement since we didn't want to risk a waiver denial and our financial situation was unstable at the time.

You must also keep in mind that the immigrant must fulfill the home residency requirement by staying in their home country for a full two years. If your fiance lives or lived outside of Brazil for any length of time, this will not "count" toward the 2 year requirement.

[fa08 0]

I met my husband while he was on a J-1 visa. As the above posters said, there are only two options to get around the home residency requirement. The immigrant must fulfill the home residency requirement or apply for the waiver.

My husband (then fiance) and I chose to fulfill the home residency requirement since we didn't want to risk a waiver denial and our financial situation was unstable at the time.

You must also keep in mind that the immigrant must fulfill the home residency requirement by staying in their home country for a full two years. If your fiance lives or lived outside of Brazil for any length of time, this will not "count" toward the 2 year requirement.

Hi AKSinghSing79,

Thanks for your reply! My fiance has already asked his funding agency for a letter of permission for the waiver, but we haven't heard yet if they will give the permission. Could I ask - what is the risk in being denied the waiver?

One other question: do you have to present some proof of residency to fulfill the 2-year homestay requirement? bills or such? or is this something which would be in the computer system when my fiance enters/exits the country? I just want to make sure that he can prove the time that he's spent in the country, if this is required.

Thanks!

Edited February 24, 2013 by fa08

[AKSinghSingh79 143]

Hi AKSinghSing79,

Thanks for your reply! My fiance has already asked his funding agency for a letter of permission for the waiver, but we haven't heard yet if they will give the permission. Could I ask - what is the risk in being denied the waiver?

One other question: do you have to present some proof of residency to fulfill the 2-year homestay requirement? bills or such? or is this something which would be in the computer system when my fiance enters/exits the country? I just want to make sure that he can prove the time that he's spent in the country, if this is required.

Thanks!

There's no risk per se. What I meant by risk was losing the application fee. We didn't want to risk spending the money on the application fee and having the waiver request denied since we didn't have a lot of money to spare at the time. A waiver denial will have no effect on future visa applications. The only downside to the waiver denial would be your fiance would have no choice but to fulfill the home residency requirement. Are you applying under the no objection category?

For your other question, I believe your fiance's passport showing his entry/exit stamps will be enough. I'm not sure how it works in South America though. Do Brazilians have to present their passports when crossing land borders (Peru, Bolivia)? It probably couldn't hurt to show proof of residence. I personally like to show more evidence.

[fa08 0]

There's no risk per se. What I meant by risk was losing the application fee. We didn't want to risk spending the money on the application fee and having the waiver request denied since we didn't have a lot of money to spare at the time. A waiver denial will have no effect on future visa applications. The only downside to the waiver denial would be your fiance would have no choice but to fulfill the home residency requirement. Are you applying under the no objection category?

For your other question, I believe your fiance's passport showing his entry/exit stamps will be enough. I'm not sure how it works in South America though. Do Brazilians have to present their passports when crossing land borders (Peru, Bolivia)? It probably couldn't hurt to show proof of residence. I personally like to show more evidence.

I think he just has to present an ID when he travels within South America. The thing is, when he's in Brazil he lives with his family so he doesn't have bills with his name on them to present as proof of residence (or a car or a job at this point). Maybe he should get one of these bills put in his name? I wonder if that might help...

He'll have to get a new passport before applying for the K visa, since his expires soon. And yes, we are applying under the no objection category for the visa waiver.

Edited February 24, 2013 by fa08

[AKSinghSingh79 143]

I think he just has to present an ID when he travels within South America. The thing is, when he's in Brazil he lives with his family so he doesn't have bills with his name on them to present as proof of residence (or a car or a job at this point). Maybe he should get one of these bills put in his name? I wonder if that might help...

He'll have to get a new passport before applying for the K visa, since his expires soon. And yes, we are applying under the no objection category for the visa waiver.

Does he have any bank statements? He can also provide affidavits from higher officials (government officials, priests) attesting to his residency in Ecuador. Another option is he can try going directly to the Guayaquil consulate and explaining that he needs something in writing proving his domicile in Ecuador.

Best of luck! J-1 waivers are pretty straightforward and you shouldn't have any trouble if you qualify. I would also attach a very detailed personal explaination of why you need the waiver. There are plenty of good examples online.

Edited February 24, 2013 by AKSinghSingh79