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marialala

2 year rule on J-1 Visa

By marialala in Adjustment of Status from Work, Student, & Tourist Visas

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marialala Newbie

marialala   0

Posted
Filed: Timeline
Posted

Hi

Im from El Salvador on a J-1 Visa . I paid for my own visa to come to do a management traineeship in the U.S, I still have 8 months left on my visa but I noticed I have a 2 year rule. My boyfriend and i want to get married and we want this rule to be waived otherwise I have to go home and wait for 2 years until I can change my visa status. I was looking online that you can apply for an advisory opinion or get an objection statement from the Salvadorian embassy in the U.S and that will waive the rule.

Does anyone know what to do? I want to start now cause i don't know how long the process takes.

Thanks for your help!!

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

http://travel.state.gov/content/visas/english/general/advisory-opinions.html explains how to obtain an advisory opinion from the State Department.

Your visa likely says on it that you either are or are not subject to the home residency requirement.

Edited by Hypnos

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Unanswered duplicate thread removed from other forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 1 year later...
monica7777 Explorer

monica7777   40

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

The easiest way to obtain a waiver to the 2 YR HRR is the no ojection letter from your country. I would suggest you contact your Consulate and speak to the person who will give you all the requirements. Once you obtain the no objection letter you can proceed with the waiver. A friend of mine did this and the process took 7 months. But she was able to return to the U.S. shortly. In my case I could not meet all the requirements and had to return to my home country for 2 years.

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