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

[Yassine Fatima 4]

from what i know , you have to file I 612 even with a written statement from your country of nationality or last foreign residence that it has no objection to the waiver (no objection) !! check this : http://www.uscis.gov/i-612

[Serpent Dragon ZX 6]

Just a heads up also... After having 2 friends and loved ones doing similar things, and showing them that they also needed a waiver, they decided that the lawyer that told them they didn't need a waiver was right, and maybe I didn't know what I was doing... Even when I showed them. Turned out, they went to their interviews, wanted to kill their lawyers cause they were wrong and had to start the waiver process, so don't always trust EVERYTHING a lawyer tells you. If your Visa says subject to 212 Home Residency Requirement, YOU NEED A WAIVER NO MATTER WHAT.

[Serpent Dragon ZX 6]

It also contradicts everything the USCIS says when you click on the link to the Department Of State. If you read the forms... It LABELS the types of reasons why you might be subject to the rule, but only indicates you actually need to file based on;

1. Exceptional hardship to the exchange visitor’s U.S. citizen or lawful permanent resident spouse or child; or

2. The exchange visitor’s belief that returning to the country of his or her nationality or last residence would subject him or her to persecution on account of race, religion, or political opinion.

Even in the instructions to fill out the I-612, it says the only people that file I-612 are those of hardships, and persecution... Of course it goes on to also list the other reasons why you need a waiver, but doesn't state it is required to do so using form I-612 unless it's those 2 reasons. It simply set up wrong. They are stating if your looking to apply for a waiver based on the other 3 reasons, you handle it through the department of state. They just happen to organize the website oddly by stating the fee, and filing stuff underneath it. They should have grouped it with the other info, and then the other 3 waiver basis separate.

Edited December 19, 2013 by Serpent Dragon ZX

[Karee 4,189]

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!!!

Waiver.jpg

I'm confused as to why USCIS is involved in this at all. The 2 year HRR is Dept. of State thing. I know a member here from Thailand that went through this exact thing. She dealt with the embassy in Bangkok after getting the no objection letter from the Thai govt. She was CR-1 visa also. Her I-130 was approved in about 45 days. The issue came up when it was forwarded to the embassy from NVC. Getting that waiver approved set her back a couple months as far as getting the visa issued, but it never affected her I-130 getting approved. You might want to send her a PM.

http://www.visajourney.com/forums/user/140439-miimo-melon/

[David & Diana R 1,005]

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.

A lawyer will just make things worse. His wife needs to call. Sorry.

[Karee 4,189]

Here's some more info. Looks like USCIS does get involved, but after the I-130 is approved You should really PM that member I posted earlier.

http://www.visajourney.com/forums/topic/371501-j1-waiver-complete-timeline/

Edited December 20, 2013 by Karee

[Serpent Dragon ZX 6]

Clear...

Edited December 21, 2013 by Serpent Dragon ZX

[Serpent Dragon ZX 6]

Here's some more info. Looks like USCIS does get involved, but after the I-130 is approved You should really PM that member I posted earlier.

http://www.visajourney.com/forums/topic/371501-j1-waiver-complete-timeline/

Nope. Turns out I was right, and the USCIS lady WAS a complete moron. How the USCIS words that web page about needing to fill out the I-612 form, I was right. They just are horrible at organization. Read the page VERY carefully, and it states, 5 types of ways you need a J-1 Waiver. But only says PEOPLE THAT NEED TO FILE FORM I-612 is for the persecution, and hardship, then goes on to list the other 3 types, and having to go through the Department Of State. They just happen to list the other details about the I-612 filing under it all. But it strictly states, each waiver type has it's own procedure... I had it all confirmed today. It's pretty bad when the Department Of State even tells me on the phone...

"Yeah... the lady you spoke to COULD have checked the case for you, and just simply told you if the process had been correct, which it was, but... What she did and said was completely out of place and a very stupid response. Most of the USCIS workers are quite disgruntled over nothing like the DMV... We don't even like to talk to them sometimes, but have to. (Laughs)"

It was confirmed that she was blurting out what she thought without checking. And giving out WRONG information was the wrong thing to do on her part since it was a national customer service line dedicated to servicing people that had paid their fees and filed their papers. This is right from Department Of State.

And to further confirm this, my wife's friend JUST had an interview on the 20th for her K-1 Visa. We had helped her do the same exact thing with her waiver. She filed a week after us, and in the same situation. This is another reason why I was so scared, and angry. She had her interview, they asked for her waiver, and she simply showed them just one of the Recommendations. They went, and checked, and she was clear. She gets her visa in 2 weeks. Apparently, they just ask to see proof that she had done the waiver, and they investigate it there on the spot. Since she asked for the No Objection waiver for no real reason other then wanting to go back to her fiancee, and received it... My wife, and I have BOTH recommendations from both the Thai Government - Embassy and Department Of State, then I guess we shouldn't worry like we were told a month ago, that we had a 99% chance of getting it since we were clear and had good reason to receive.

And yes, Miimo-Melon, or Moril confirmed the same thing. Department Of State, not the USCIS. She had to do the same thing. She has helped me immensely, and always answers me quickly on what to do or chat LINE messenger. I remember Karee, you introduced me to her online before. Thank you.

You have NO IDEA how much of a relief this is to my wife and myself.

[jwurgaft 0]

Hi, I am new to visa journey. Right now I am doing what seems to be the exact same process as you have completed serpent Dragon ZX. I am just starting this process, as I didn't realize that I would first need to complete a ds-3035 waver of the two year residence requirement to adjust status . Your posts on this thread have really encouraged me that I may be able to file this ds-3035 and ask for a letter of no objection from the Thai consulate. Which is very encouraging because I had an interview with a lawyer yesterday who wanted $2000 just to complete the ds-3035 which will also cost the addition of all the filing fees. So my question is this; How exactly do you request the no objection letter from the Thai consulate?