Filling out I-612, please let me know if anyone done this request before!

[ALVA XIA 1]

Hi everyone. My name is Alva. 

 

I was on J-1 visa came to the States to study, and now I'm applying Green Card though my marriage. 

 

My J-1 visa had the Two Year Rules (212 E) (*my program number was P-3-05104 if that helps), I didn't know about the rule and didn't stay in my home country for two years.I came back couple months later with F-1 visa.

 

Now, my Green Card Application was denied because of the Two Year Rule 212 E.

 

I'm filling out the waiver, I-612. I want to stay here in the States if I can.

 

I want to know what the chances are to get the request passed/rejected? Has anyone filled out the I-612 before? I appreciate any suggestions.

 

Thank you! And good luck in your progress.

[WI_CA 51]

Hi.

I suggest you start working on what kind of waiver you want to apply to first.

 

Check the following links:

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver/eligibility.html

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

 

Usually, people start with No-objection waiver (no objection from your home country). This waiver works best especially if you did not receive US funding. You file that to the Department of State, and not to the USCIS. That waiver takes 4-8 weeks to get approved by the DOS.

If approved by the DOS, they send the form I-612 to the USCIS from their side to get a final verdict, which is usually the same as the DOS one.

 

If you chose to apply for a waiver based on hardship, then you can file to the USCIS directly. That usually takes 6-12 months to get approved and usually requires some solid evidence.

 

Best of luck.