J-1 Waiver Timelines 2016

[Coco8 1,039]

Just now, Kteixeira said:

My green card is family based (marriage) so I wanted to know if a need to wait for the decision from USCIS. The DOS sent me a copy of the favorable recommendation by mail, the recommendation was showing online on June 8th but I think I received the copy just on June 18th. 

 

I think you can apply without the USCIS decision if your waiver was based on "no objection". USCIS is taking a few months to decide on the DOS waiver so it is not like you will get it soon. If USCIS goes over your GC application, they will make the decision for your waiver if they hadn't done it at that point. 

 

I have a friend whose husband filed a filed a GC application and she was listed as his wife. Her GC was processed and she will get it when she finishes the 2 years in her home country (she had Fulbright so a J1 waiver was not possible).

[logisticamente 152]

Still Pending!!!!! uugghhh!!

[Coco8 1,039]

8 minutes ago, logisticamente said:

Still Pending!!!!! uugghhh!!

 

 

I'm sorry you are still waiting! But unfortunately your NOS was received June 15. You have a bit of time left. Don't worry though, your case is easy and you will get it.

 

My NOS arrived March and they need another step because I was sponsored by an US office, and I've been waiting for them to reply to DOS for 2 months  I'm running out of time.

 

 

[logisticamente 152]

16 minutes ago, Coco8 said:

 

 

I'm sorry you are still waiting! But unfortunately your NOS was received June 15. You have a bit of time left. Don't worry though, your case is easy and you will get it.

 

My NOS arrived March and they need another step because I was sponsored by an US office, and I've been waiting for them to reply to DOS for 2 months  I'm running out of time.

 

 

I know Im still "good" meaning.. I know its supposed to be a 2 months wait.. I was just hoping it would be faster.. I checked the numbers around me and 1 of them received NOS on June 5 and Favorable recommendation was sent on June 15 with prev docs sent in April.. So my hopes were that I would get it within a week too as it is a very similar timeline..

 

Can you contact the office that needs to send an answer? I mean.. 2 months is a bit much..

[Coco8 1,039]

Just now, logisticamente said:

I know Im still "good" meaning.. I know its supposed to be a 2 months wait.. I was just hoping it would be faster.. I checked the numbers around me and 1 of them received NOS on June 5 and Favorable recommendation was sent on June 15 with prev docs sent in April.. So my hopes were that I would get it within a week too as it is a very similar timeline..

 

Can you contact the office that needs to send an answer? I mean.. 2 months is a bit much..

 

I think you'll get it soon! 

 

I tried. They never pick up the phone and have an answering machine. I left a message asking them to contact me and they didn't. I also e-mailed J1 waiver to remind them to send the sponsor views but they have not gotten back to me in 8 days. I think I will send a fax. I need to start a job August 15. So annoying. 

 

[logisticamente 152]

1 minute ago, Coco8 said:

 

I think you'll get it soon! 

 

I tried. They never pick up the phone and have an answering machine. I left a message asking them to contact me and they didn't. I also e-mailed J1 waiver to remind them to send the sponsor views but they have not gotten back to me in 8 days. I think I will send a fax. I need to start a job August 15. So annoying. 

 

If I was you I was in the US I would take a road trip to that fancy office and sit there until I get an answer..

I think I mentioned it here.. but the only reason why my embassy sent the NOS on 06/15 was because I sent my uncle who lives near Washington to find out what was going on on 06/14.. sometimes those things are just chilling there in a pile of non priority paper work.. :/

[Coco8 1,039]

Just now, logisticamente said:

If I was you I was in the US I would take a road trip to that fancy office and sit there until I get an answer..

I think I mentioned it here.. but the only reason why my embassy sent the NOS on 06/15 was because I sent my uncle who lives near Washington to find out what was going on on 06/14.. sometimes those things are just chilling there in a pile of non priority paper work.. :/

Oh, yeah, but this is a US government building with security. I cannot get in there. 

[logisticamente 152]

2 hours ago, Coco8 said:

Oh, yeah, but this is a US government building with security. I cannot get in there. 

#FAIL  :/

[cosmonauts 125]

On 6/27/2017 at 5:58 PM, Kteixeira said:

Hi,

 

The Department of State received my Waiver application on April 19, 2017 and they sent the "Favorable Recommendation" to USCIS on June 8th. Yesterday, June 27, I received the notice of action (form I 797C) from USCIS confirming that my form I 612 (application to waive foreign residence requirement) was received on June 13. I understand that until receiving the actual waiver from USCIS I should consider myself without the waiver, however, the lawyer who helped me with the waiver application explained that after USCIS receiving the favorable recommendation I could start the green card application to save some time.

 

I wanted to know if someone applied for the green card while still waiting for the waiver... I really need to start my adjustment of status process but I do not want to take the risk of paying all the high fees for the green card and later discover that my waiver was rejected by USCIS even with the favorable recommendation from the Department of state!  Did someone ever heard of USCIS rejecting waivers after the positive recommendation?

 

In addition, one of the forms I need to submit for the green card has the following question:

 

"Have you ever been a J nonimmigrant exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?"

 

Should I answer yes and submit the copies of the favorable recommendation and the receipt notice from USCIS or should I answer no since both cases (waiver/green card) would be in process with USCIS?

 

Thanks

 

 

Hi,

 

I started my AOS process before receiving the waiver and I also had a favorable recommendation. My waiver took 3 months to be approved since USCIS received my case, it arrive about a week after I sent the AOS package.

 

About the question on the form: I answered yes and then added a note on a separate page explaining that I had received a fav rec, gave the dates and included copies of the recommendation and the notice of action. I can share the specific paragraph I wrote on a private message.

 

My AOS is being processed normally and I will bring the approved waiver to my interview, whenever that may be.

 

Hope this helps.

[Kteixeira 0]

On 6/28/2017 at 0:21 PM, Coco8 said:

 

I think you can apply without the USCIS decision if your waiver was based on "no objection". USCIS is taking a few months to decide on the DOS waiver so it is not like you will get it soon. If USCIS goes over your GC application, they will make the decision for your waiver if they hadn't done it at that point. 

 

I have a friend whose husband filed a filed a GC application and she was listed as his wife. Her GC was processed and she will get it when she finishes the 2 years in her home country (she had Fulbright so a J1 waiver was not possible).

Hi,

 

Thank you for your message.

 

I called USCIS today and they informed me that I should NOT apply for the green card/Adjustment of status before having the final waiver from USCIS. They can't give me a processing time for the form I-612 but they are still processing forms from April 3rd =/ My lawyer also said that i could start the application after DOS sending the favorable recommendation since my waiver was based on "no objection", but after USCIS saying the opposite I'm a little worried. Do you know if I can find this information officially written somewhere? 

Edited July 5, 2017 by Kteixeira

[Kteixeira 0]

On 6/28/2017 at 0:21 PM, Coco8 said:

 

I think you can apply without the USCIS decision if your waiver was based on "no objection". USCIS is taking a few months to decide on the DOS waiver so it is not like you will get it soon. If USCIS goes over your GC application, they will make the decision for your waiver if they hadn't done it at that point. 

 

I have a friend whose husband filed a filed a GC application and she was listed as his wife. Her GC was processed and she will get it when she finishes the 2 years in her home country (she had Fulbright so a J1 waiver was not possible).

I just found on USCIS website: 

 

"Note 2:

A “no objection” case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request."   https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19728.html   It looks like I got a wrong information today when I called USCIS!

[Coco8 1,039]

5 minutes ago, Kteixeira said:

I just found on USCIS website: 

 

"Note 2:

A “no objection” case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request."   https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19728.html   It looks like I got a wrong information today when I called USCIS!

 

Yes, that is is exactly why I had asked if it was "no objection". I think you should go with what your lawyer says. What I've heard is that they decide the waiver and the case at the same time if they have not decided on the waiver already. There is no point to waiting 3 months for the USCIS decision on the waiver, particularly when the green card application is probably going to take longer than that (I'm assuming this is through job so you have to do a labor certification first).

 

 

 

[Kteixeira 0]

1 minute ago, Coco8 said:

 

Yes, that is is exactly why I had asked if it was "no objection". I think you should go with what your lawyer says. What I've heard is that they decide the waiver and the case at the same time if they have not decided on the waiver already. There is no point to waiting 3 months for the USCIS decision on the waiver, particularly when the green card application is probably going to take longer than that (I'm assuming this is through job so you have to do a labor certification first).

 

 

 

My green card is family based (marriage)... Now that I have this information directly from the USCIS website I will proceed with my green card/adjustment of status application but I'm still working on the forms. Did you submit a green card application or still waiting for the waiver? I was hopping someone could help me with few answers about the forms... 

[Coco8 1,039]

8 minutes ago, Kteixeira said:

My green card is family based (marriage)... Now that I have this information directly from the USCIS website I will proceed with my green card/adjustment of status application but I'm still working on the forms. Did you submit a green card application or still waiting for the waiver? I was hopping someone could help me with few answers about the forms... 

I am waiting for the waiver. My case is work related.

 

If you are not within the US, people usually apply for visas without the USCIS decision and they change the interview date if USCIS hasn't decided on their case.

 

If you are within the US, they will link your cases and make the decisions together.

 

Reading your information, I'm concerned that it took USCIS' confirmation letter like 20 days to arrive. I need that letter for the application but waiting another 20 days is so long! I hope I can get a digital version earlier in some way. I think I've read about that somewhere.

 

 

 

 

 

[Kteixeira 0]

22 hours ago, Coco8 said:

I am waiting for the waiver. My case is work related.

 

If you are not within the US, people usually apply for visas without the USCIS decision and they change the interview date if USCIS hasn't decided on their case.

 

If you are within the US, they will link your cases and make the decisions together.

 

Reading your information, I'm concerned that it took USCIS' confirmation letter like 20 days to arrive. I need that letter for the application but waiting another 20 days is so long! I hope I can get a digital version earlier in some way. I think I've read about that somewhere.

 

 

 

 

 

USCIS called me back today with bad news...

 

They confirmed that the  "Adjudicator's Field Manual' mention that  "A no objection case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request." (see https://www.uscis.gov/ilink/docView/AFM/HTML)

However they called me back to apologize because there is another manual called "Police Manual - USCIS" that confirms that officers should reject adjustment of status forms (I-485) submitted before the applicant receives a final answer on the I-612 form (chapter 7 - Part A). According to USCIS the "Police Manual" instructions cancel the information that I got from the  "Adjudicator's Field Manual" and I should wait for my I-612 decision before submitting any documents/fees. 

 

See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter2.html for the "Police Manual" for the citation:

 

"

Certain Exchange Visitors ^[25] 

 

Certain exchange visitors (J-1 and J-2 nonimmigrants) ^[26] admitted to the United States are subject to a two-year foreign residence requirement. ^[27] These exchange visitors generally must return to the country of their last residence or the country of their nationality for a continuous two-year period after the end of their exchange program before they can apply for permanent residence. If such exchange visitors do not return to the country of their last residence or to their home country for at least two years after the end of their exchange program, they may be ineligible for adjustment of status. However, certain exchange visitors may be eligible for a waiver of the requirement through an Application for Waiver of the Foreign Residence Requirement (Form I-612). ^[28] 

 

Officers should first adjudicate the waiver request, as denial of the waiver necessarily renders the applicant ineligible for adjustment of status. Officers should not hold adjustment cases while waiting for either the applicant to submit a waiver application or the Department of State to make a recommendation on a waiver application and instead should deny the adjustment application for ineligibility based on the evidence of record. "