No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

[Serpent Dragon ZX 6]

Ok... This is VERY VERY VERY confusing and making my wife and myself extremely angry right now. We had applied for a No Objection waiver back in early June 2013. Sent all papers to the Royal Thai Embassy, and the other forms that were needed to the Department Of State. All fees paid, and documents accepted. Took a little longer then expected, but turned out very well. Embassy approved and gave their No Objection Letter to Department Of State. They sent us a paper stating we had their FAVORABLE RECOMMENDATION. Then Department Of State, a couple weeks later, also agreed, and gave FAVORABLE RECOMMENDATION. That was the 2 things we needed most.

From the very beginning, I had read forms over and over several times to be sure I was doing everything correctly. Digging and researching before every step, no matter how small to assure that I was doing all the stuff for me and my wife the right way. From my understanding, the J-1 Waiver based on No Objection was a 3 step process. Embassy says YES. Department Of State says YES. Then they send their answers to the USCIS, and they determine the final YES or NO. Well, the average processing time for USCIS to come to a decision based on No Objection afetr receiving Favorable Recommendations is roughly 6-8 weeks. The Favorable Recommendations were sent out in late September to USCIS. Now it's getting to the 12 week mark... I decide to try to call any numbers I can, but most of them are not in service, or no longer active... Go figure. Very frustrated, get ahold of Department Of State, telling me to call Immigration or USCIS because they have the answer since they are the ones issuing the final say in this. I call them. For 2 hours, finally get through to someone for what seemed like the most disturbing conversation with a Tier 2 Immigration Officer...

Me - Aside from my pending I-130, I have another question regarding another issue...

IO - Oh of course, yes, how else can I help you?

Me - My wife has a pending J-1 Waiver applicat-...

IO - No. I'm not helping you.

Me - Excuse me? I have access to her case and she is my-...

IO - I can't talk to you... About this or anything about this. I can only speak to her.

Me - Please... With all due respect, I check her cases daily for her since she is in Thailand right now, and I know the processes a lot better then her... So it's easier for me to do things. That, and she is in Thailand and not as easy for her to call.

IO - I can't allow you to have access to her case. SHE is the applicant.

Me - I am the one that filled out her applications for her and with her. ALL of them. I have all case numbers. I even have her case pulled up right now in front of me on the waiver website. (then I start to name off dates of when stuff was sent, and received)

IO - Hold on, what is the case...

Me - (i tell her)

IO - That's not a case number. It must start with 3 letters..

Me - It's a waiver case, not I-130 or other petition. And the processing time says its supposed to be between 6-8 wee-...

IO - No. It's 4 months. And if you filed your I-612 then you shouldn't worry.

Me - What? What I-612? This is for No Objection. I was never to-...

IO - Not my problem sir. You don't know what a I-612 is... (She chuckles) And nobody is supposed to tell you to file it. It's not our job to tell you to file that form, and nobody is supposed to tell you.

Me - I was told I was done... I never read anything about no I-612... This is for No Objection and both Favorable Recommen-...

IO - NOBODY IS SUPPOSED TO TELL YOU ABOUT FILING THE I-612!!!

Me - I'm sorry... I thought I knew the process good... Maybe something I missed... But to my understanding, I don't file to the Embassy, Department Of State, AND USCIS... Can you by any chance explain to me what I should ha-...

IO - No. That's not my job. I'm not going to explain anything to you, besides that you should have done your I-612. Your Recommendations are sitting in California right now and the USCIS doesn't know what to do to process for your waiver because you never submitted the proper I-612.

Me - I'm in Connecticut... Are you sure you have my wife's case pulled up...? I mean, something just doesn't se-...

IO - I'M NOT TELLING YOU HOW TO DO THIS SIR. DO IT YOURSELF. YOU NEED TO FILE I-612 WITH USCIS PAY YOUR $585. ALSO BECAUSE WE DON'T WORK FOR FREE. WE NEED TO GET PAID TOO.

Me - Um... I am very confused... This is no persecution, or hardship waiver... It's a normal J-1 Waiver with No Objection Basis...

IO - I'm done telling you. I'M DONE. NOT MY PROBLEM IF YOU DON'T WANT TO LISTEN TO ME.

Now... I politely apologized to this nice, oh so nice Russian accented woman about explaining to me the wrong doings of my life... And am left with quite the confused thoughts. Am I missing something? According to everything I read, I am right, and this lady doesn't have a clue what she is talking about. Do I fill out the new form, risk messing up my wife's waiver, and lose like $600 for no reason? And why is processing taking so long? It's been 3 months nearly. And why is there NOBODY that ever knows anything about the waivers? I Can literally find nobody from USCIS or any other department or office that to talk to. My wife needs her waiver for her interview this spring time!

PLEASE, ANYONE HELP!!!

[canadian_wife 1,791]

Ok, if they won't talk to you, why not have your wife call?

good luck

[Serpent Dragon ZX 6]

I just want to know if we need to do the extra paper. It just seems like if you called USCIS every day of the week to ask them what color grass is, they would give you a different color every day. They are very non-informative for almost EVERYTHING I have asked them about anything. Even when I ask them for answers to questions I already know the answer, they throw out guesses, rather then looking. It's very frustrating. And calling them, all numbers that you can call about the waiver process, are no longer in service. Can only call USCIS, and they can't even get the damn case number right. It's very frustrating. According to what I am reading, you only file I-612 yourself if its a waiver based on hardship, or persecution, and then you file directly to the USCIS, and pay a $585 fee... But this lady actually fought with me, rather then giving me the correct information. Even when asking general information on the correct steps, not my wife's case, she just refused to even help. It was absolutely ridiculous. But it also got me wondering. And my wife, would get very confused, and lost in the process. I already know they would give her a hard time. I have to relay all the information to her in Thailand, and tell her how to navigate through all the bull to talk to someone just to ask a mere question... I try to make everything as stress free as possible for her. But this time, I can't. Hoping I can just e-mail them.

Edited December 19, 2013 by Serpent Dragon ZX

[aaron2020 11,651]

It's your wife's case. Privacy laws prevents them from discussing it with you even though you are her husband and you filled out the paperwork. That's the way privacy laws work, to protect her information even from you. She has to call.

You are expected to know what you are applying for and how. It's not the US government's role to show you how to navigate the immigration system. If you don't know how, then you need to get help. Help usually come in the form of a lawyer or you do want to do-it-yourself.

Not trying to be harsh, but that's the way things are. You are expecting reasonableness. That does not occur. There are laws and liabilities concerns that the US government must adhere to. There is little you can do to convince someone to put her job at risk by breaking the law and disclose private information to you and create a liability by giving legal advice on how and what to file when they are not permitted to practice law.

The government's job is to collect the paperwork and process it. It's not their job to tell you what and how to navigate the immigration system. Sorry.

Edited December 19, 2013 by aaron2020

[DRbound 38]

I understand your pain, man this really bites! I bet you wish you could reach through the phone and choke somebody! Based on my limited knowledge on the subject though and how you are being treated i would say its time to lawyer up.

[Serpent Dragon ZX 6]

Not to be rude. I understand the privacy laws. And I wasn't asking her case specifically, even when they asked about the case. And the Customer Service line... Your wrong. Yes, they do indeed have to give general information if asked correctly. There are many options when you call for just that. But what my complaint is, if they DO give you information, it's almost always a half thought answer, and through my experience, wrong. They blurt out answers with no details, like this lady did. She has some ground on what she said, I agree with her, but when I asked her the simple process which shouldn't have taken more then 1 minute to explain after waiting 2 hours to talk to her, it was a little ridiculous. I can call up, and be the most angry ####### in the world, and get someone nice as pie to me... I call, be nice as can be, and they turn around and be the biggest a-holes this side of the universe. Every single person I have spoken to at USCIS has had a very strong accent. To think that maybe some of these people may have had to do the same thing as us, and treating people like complete jerks, is beyond me... My friend has a wife who is Korean and feels the exact same way, even after 4 years now. He hates USCIS with a passion, more so then me.

My problem now stands like this...

Embassy, and Thailand government say my part in this matter has been executed flawlessly. Department Of State who I just spoke to says the same. No other things need to be processed, or done. I did everything correctly, no lawyer required for such a simple process... USCIS will send their decision, and no other fees or paperwork needed. Now USCIS, saying they need more paperwork, and money. Call the Department Of State back... They claim who I spoke to doesn't have a clue what they are talking about, and they ARE supposed to give me the information on processes if I need it explained. Only certain waivers need to be filed directly with USCIS. But everyone can tell me I am doing it right. There is conflicting information on this even on the main website for USCIS. It doesn't matter how excellent the rest of the body works, when the brain doesn't work or is being stubborn (USCIS). It's like reading a text book claiming 2 + 2= 4, and the teacher is trying to convince you it's really 6. Stupid.

[Darnell 8,478]

wait - you are chasing the no-objection bits

because you two want to file what?

seriously, what to file, exactly ?

[Serpent Dragon ZX 6]

Far as I know... To start the process, you do the online form. Print it out. Then there are 2 packets you make. One goes to your home country's Embassy in Washington DC, and the other goes to the Department Of State. They both have a processing fee associated with both. The Embassy only wants $15. The Department Of State wants $215. Department Of State mainly does this because it's not a security issue, but mainly a financial one that has to do with programs, and internships, and what not... Based on State. She worked in an internship program with a Casino. Cultural exchange, and the Casino funded her by paying her so to speak. They pay a fee to her internship program to be able to give them the opportunity to work here, and they benefit also with experienced workers... Culinary. You pat my back, I pat your back kind of thing I guess or something. Has to do with the skills list, and her country applies the 212 rule on everyone.

Embassy gets the packet, and the barcode to scan into the computer from you. Department Of State receives something similar in their packet. This is to get the ball rolling or so to speak. This initiates the Waiver Process on both their ends, and it is telling the Department Of State that your applying for the waiver based on No Objection, and to wait to receive from the Embassy.

Embassy reviews the papers, and reason for wanting the waiver. You must show proof you owe your home country nothing. Including school loans. You must satisfy the requirements for them to consider attempting to get the No Objection from your home country's government. For us, it was because we paid back all funds owed, and we married. We also showed proof. And stated that my wife funded herself (Apartment, food, living expenses, etc...). She was on a working J-1 Visa. The Embassy agreed everything was good. The home country Embassy sends the request to the home country government. To check background, and make sure she is clear of any debts, and problems. It comes back clean, and then they state that they release you because you have no liabilities to your country. They send that 'No Objection Statement' stating they don't object to my wife staying/returning to America. They send this BACK to the Embassy. They write a FAVORABLE RECOMMENDATION letter, and send it to us, and the Department Of State. Embassy's part in this is done.

Department Of State receives the documents and papers. They check it over, and make sure it's good, and everything is satisfied. If it is, then they too, give a FAVORABLE RECOMMENDATION.

With the consolidated papers, documents, and information, all this information is sent to USCIS to make the final 'Yes' or 'No'. Department Of State's part in this is now finished as well.

USCIS makes their decision, and sends the letter to YOU. Done. THAT is supposed to be the process, or so I thought. It was explained many times to me, and this is exactly how I was reading everywhere I looked... The lady on the phone... I tried to explain it was No Objection, but the form she was talking about had to do with Hardships, and Persecution... I don't know...

[Darnell 8,478]

I got all that,

but

you are seeking this no objection thingie . once you have it, yer to file something else.

My question - what is this other thing, this something else, that you'll file once you have the No Objection waiver in yer hand ?

[Serpent Dragon ZX 6]

Not that I know of. As far as I knew, you send the 2 packates out at the beginning, and that's all you handle. USCIS is stating I am supposed to submit I-612... But even in the part where it says "WHO NEEDS TO FILE" or whatever, it's only for persecution, and hardship people. Each waiver type has a different route. No Objection goes through the Embassy. Your not even allowed to send the No Objection from the Embassy in yourself. Your not even allowed to handle any of the legal documents yourself. You can get copies of what is being transferred and the recommendations, but that's all.

Plainly, I think I can going to call this lady stupid, and disregard her answer, cause she didn't even look, and started blurting stuff out without even a mere second to think. I have been searching all day on stuff, on top of posting here, and coming up with I am right, and lady on the phone... Was a moron.

Edited December 19, 2013 by Serpent Dragon ZX

[Darnell 8,478]

ok - so USCIS can't figure out if

you two are chasing a visa (K-1 or CR-1 )

or an adjustment of status

or something else.

[Serpent Dragon ZX 6]

They can, but it's COMPLETELY separate from the waiver process. Both have nothing to do with each other.

[Darnell 8,478]

ok. Sorry, I'm out. Hope you get resolution soonish.

[Shavercamp 3]

Can your wife give you a power of attorney so that you can speak directly on her behalf. I know they allow such things at the IRS. Just a thought.

[Serpent Dragon ZX 6]

I'm just going to let it go. I just got a transfer notice in the mail for her I-130 today, and they even spelled her name wrong... Ugh... Really? I'm so sick of calling them based on THEIR mistakes.