Advisory Opinion help - J-1 Visa stamped two year rule

[rcorbe1 0]

Hello, My fiance and I are getting married (I'm a US Citizen), however, she has her J-1 visa /DS-2019 stamped with the Two year rule for being on the skills list for El Salvador. She is an Au Pair, spent two years here, and didn't come here on any government funding it was all paid for by her host family and her family funds. We are going to request a advisory opinion but by the time we get the results 4-8 weeks her visa will be expired. Is it a bad idea to keep her here while we wait out the advisory opinion and possible waiver request if they tell us she is subject to the two year rule? We want to work through everything with her still here and would prefer to overstay as we work through the process. I honestely don't think she is subject to the rule, she came here primarily as an Au Pair and only went to school part time with the program to take a couple English Classes... If anyone has any samples of an advisory opinion letter it would be so helpful!!! I just want a general idea of what to say and having trouble finding examples. I would like to do it on my own without a lawyer and it seems fairly straight forward just advice would help!!

My one last golden question....If the advisory opinion comes back to us saying she isn't subject to the 2 year rule, do you still have to go through the waiver request process? It doesn't seem like you would....if can you immediately start the 485 adjustment of status with just the advisory opinion that would be nice, but something tells me it's not that easy.

Thanks all for reading, I appreciate you responses!!!

[Darnell 8,478]

it's my understanding that

if you get the advisory opinion waiving the 2Y HRR thingie

and

file I-130 + I-485 together

then

any overstay is automagically forgiven when the green card is issued.

What's the waiver thingie yer asking about ?

[rcorbe1 0]

if you are subject to the 2 year rule, need to apply for one of 4 possible waivers from home country. in our circumstance i would have to file for the "No obligation" waiver with el salvador. I'm just wondering if that will be necessary if the advisory opinion comes back telling us she doesn't have to go back for two years and the rule was our on her visa by mistake

[jxn 86]

Hi OP, I was in your exact same situation.

If you fiancée is found not subject to the 2Y HRR, you don't need a waiver, because there is nothing to waive (since she isn't subject to the rule).

The replies in your previous thread were pretty useful. I would recommend re-reading it too. http://www.visajourney.com/forums/topic/518520-j-1-visa-getting-married-with-2-year-rule/

Darnell is a VisaJourney rockstar. Overstay is forgiven with marriage to a USC, so the most straightforward way to do AoS in my opinion is to get the advisory opinion letter and have her stay in the U.S. during AoS. Within a few months of applying she'll get her EAD (work permit) and with that she can get/renew a state identification / learner permit / driver license, update her SS card if she changes her name at marriage, get on your health/auto insurance, et cetera.

Lastly, El Salvador issues passports for only five years (I don't know why). I would check the remaining validity of her passport and have her renew it at a local Salvadoran consulate if there isn't much time remaining on it. If/when she renews it, have her save the old passport (they'll punch a hole in it to invalidate it but they'll give it back).

Edited October 22, 2014 by jxn

[jxn 86]

Hope this helps, OP.

[rcorbe1 0]

this is so helpful, thank you!!!

[Lizb2013 7]

I have the same situation and just filed for AOS through my USC husband and sent an advisory opinion saying that I'm not subject. I came as an Au Pair from El Salvador in 2007 thrthrough a j1 visa. My visa was stamped with the 2 year rule by mistake.. Hoping that the advisory opinion will be enough proof for uscis that I'm not subject to the rule... How did it go for you guys?

Edited October 15, 2015 by Lizb2013

[Wajid 0]

How you write the advisory letter, I mean just a simple letter or your lawyer did that. Pley

[Wajid 0]

On 10/22/2014 at 11:34 AM, jxn said:

Hope this helps, OP.

Can you please tell me that how long the process take for advisory opinion and I mailed out two weeks before but I can see it online? Thanks 

[Wajid 0]

Can any one please give me the advisory opinion request, processing time?

[LizB0322 28]

30 minutes ago, Wajid said:

Can any one please give me the advisory opinion request, processing time?

For me it took 2 months to hear back 

[Wajid 0]

Thanks Lizb0322, can you please tell me one thing, I just send a advisory letter to state department the address they show on the website, is there anything online I can check or just wait like 4-6 week? Because I mailed out last Monday my advisory opinion letter 

[LizB0322 28]

2 hours ago, Wajid said:

Thanks Lizb0322, can you please tell me one thing, I just send a advisory letter to state department the address they show on the website, is there anything online I can check or just wait like 4-6 week? Because I mailed out last Monday my advisory opinion letter 

This is the address I sent my letter to: 

INA 212(e) Advisory Opinion Request

Waiver Review Division, CA/VO/L/W

U.S. State Department

Visa Office

SA-17, 11th Floor

600 19th Street, NW

Washington, D.C. 20522-1711

 

That was back in 2015.. I don't know if it still is the same address. I emailed them to ask them if they could provide me a case number to check online and I got an email reply with the info. This is the email I sent it to 212ewaiver@state.gov, and this is the website they told me I could check with the case number they emailed me https://j1visawaiverrecommendation.state.gov/. 

Again, I don't know if this is still the same email address and website nowadays. I did this almost 4 years ago, so it might have changed. 

Hope this helps. 

[Wajid 0]

Thanks LisBo322, yes that’s the same address I sent my advisory opinion letter last Tuesday, I will email them to ask about the case number, and thanks for your help, appreciated 👍 will ask again if need any help. Thanks again

[LizB0322 28]

3 hours ago, Wajid said:

Thanks LisBo322, yes that’s the same address I sent my advisory opinion letter last Tuesday, I will email them to ask about the case number, and thanks for your help, appreciated 👍 will ask again if need any help. Thanks again

No problem 👍. Good luck!