Please Help I130 J1 2HRR

[Shane Shavers 0]

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? Will they deny our application if she has not completed her 2 years? Someone please help!!!

[Harpa Timsah 13,258]

Unfortunately you got bad advice from your lawyer. I might make a complaint to the bar or something for serious negligence.

Getting married absolutely does NOT waive the 2-year HRR. Your being a "US born" citizen also does not matter. All citizens, whether born or naturalized, have the same rights.

The 2-year HRR must be waived or completed before you file a I-130 or similar petition. Because you did not do this, your I-130 will be denied.

You need to follow up on your waiver and get it fully completed first, before you do anything else. Then you can file a new I-130. You might as well cancel the I-130 currently pending because it will be denied.

[Shane Shavers 0]

I thought there was something fishy about my lawyer. How long is the No Objection Waiver valid for? We sent it off on June 8th 2012 so do I need to re-file that again or just proceed with the next step of sending it to the US govt.? Is there anyway to hold or pause a pending I130?

[Harpa Timsah 13,258]

Even if you could pause it, it won't matter. You must have the waiver approved before you send the petition in the first place. If you get the waiver approved now, your I-130 will still be denied because you filed it before the waiver was approved.

I don't know how long these items are valid for. You could get a second (or third) lawyer's opinion.

[Shane Shavers 0]

Is that theason for the long delay with no signs of movement on the USCIS case status page? So I need to basically complete the no objection waiver completely, then file the I130? Do I include original or copies of the approved No Objection Waiver with my I130 packet?

[The Mean Lady 604]

Is that theason for the long delay with no signs of movement on the USCIS case status page? So I need to basically complete the no objection waiver completely, then file the I130? Do I include original or copies of the approved No Objection Waiver with my I130 packet?

Is your local field office Atlanta?

If so, THAT is the reason for no response.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

[Darnell 8,478]

see my posts in http://www.visajourney.com/forums/topic/411003-i-130-and-2-year-hrr/

Note where and when the waiver is evaluated. You really should try to move forward.

[Shane Shavers 0]

@ Darnell

I am confused as to how to move forward. Do I need to get my NVC paperwork together and send it off? Do I include a copy of the Malaysian Consulates approval of the No Objection Waiver or originals? I feel completely lost as to what to do!

[Shane Shavers 0]

@KDH

What does my field office have to do with the non response? The application was received and confirmed via email/text at the offices in California.

[Darnell 8,478]

what's next - chase down the I-130 approval notice.

You not write of that, so I assume you not have it yet.

It's time to call into USCIS, get a Tier 2 Human, and inquire for casefile status.

as to 'why' - tell the CSR you have a MSC casefile # and you need detailed status that the ISO has, that the CSR cannot see.

Go Get Em !

also re-read the content of the link in post #7, as it's chock full of important info for you.

Edited March 11, 2013 by Darnell

[The Mean Lady 604]

@KDH

What does my field office have to do with the non response? The application was received and confirmed via email/text at the offices in California.

Because applications are sent to local field offices as of Aug 15th.

I suggest you do as Darnell says and call and speak to a tier 2 supervisor.

It may take some demanding, but don't give in until you speak with one.

Inquire about the location of your casefile and ask for them to check if/when it was transferred to a field office.

If they said Atlanta, read here:

http://www.visajourney.com/forums/topic/397450-atlanta-transferrers/

And die a little inside.

[Shane Shavers 0]

So there is still a realistic possibility that even though we only have a No Objection Waiver from her consulate and not the U.S. that we may not have to start over? I need to speak with Tier 2 to find out where our petition is and give them the details of our case? Will they give advice or information as to what to do next?

[Darnell 8,478]

the no objection waiver is only given to the IV Unit. USCIS doesn't want it, NVC doesn't need it.

I wrote about that before.

I pray you read it, soon.

Edited March 11, 2013 by Darnell

[Shane Shavers 0]

I read that but am confused as to why in the previous posts that they said without approval of the N.O.W. our I130 would be denied? I send the original to U.S. Embassy Unit IV on her interview date or before? How do I find out when to send it because that post from #7 does not show a time frame? I apologize for my elementary approach but I just have to have things explained out when it comes to legal matters like this. Darnell you have been an extreme help so far and I continue to seek your advice.

[Darnell 8,478]

'they' = your lawyer, and your lawyer is wrong.

Sorry.

Hey - can anyone else interpret what's what, after reading his prior post? I'm lagged across 14 time zones, and my brain hurts.

Edited March 11, 2013 by Darnell