Filing I-130 with 2-year HRR

[Niia 22]

Hi,

 

I decided to post my questions here hoping someone who's been in similar situations can answer them; the immigration attorneys do not seem to want to return my calls. 

 

I came to the US in 2010 on a J-1 visa for a US funded exchange program. Upon completion, I went back to my home country (Russia) for 14 months and then came back to the US on an F-1 to go to college. After I graduated, I got a job offer and was able to work there through OPT, which expires on June 1st (3 weeks). My boyfriend and I decided to get married and are trying to understand what our options are. The way I see it, there is two:

 

1. Get married, petition for a waiver from 2-year HRR on no-objection basis and apply for I-130. As far as I know, Russia does not like to give out those waivers and can't even answer the phone when you call the embassy. Even if I was to get one, US would probably deny it because the program was funded by the US government. I am not sure if the fact that the program was discontinued in Russia makes any difference. Worth it or not?

 

2. Get married, and I have to go back for 10 months. In this case, my understanding is that we can still file for I-130 for me? But when do we have the infamous interview -- does it come with filing I-130 or applying for the green card? Would we have to wait to interview until my 10 months are up? Would I need work authorization when I come back? While I am away, can I still visit my husband, if so, would I need a visa? 

 

I hope someone can help me get these questions answered. Not sue if I could call USCIS and clarify as well, but I figured better not... 

[Transborderwife 4,666]

I'm a little confused.  Is your 2 year HRR for the F1?

[Niia 22]

@Transborderwife

 

It is for the J-1 (which I had before the F-1). I spent 14 months home and have 10 to go

Edited May 12, 2017 by Niia

[Transborderwife 4,666]

Just now, Niia said:

It is for the J-1 (which I had before the F-1). I spent 14 months home and have 10 to go

I don't understand how you got an f1 with a 2yr hrr.  I would try AOSing

[jan22 2,907]

13 minutes ago, Transborderwife said:

I don't understand how you got an f1 with a 2yr hrr.  I would try AOSing

You can get a student visa before you meet the 2 year requirement.  You cannot get a work visa or immigrant visa until you do, however.  

 

AOSing will not be an opton without meeting the requirement or getting the waiver.  Getting a waiver when there was US government payment would be extremely unusual, and you would also need the Russian waiver...which might never come.  The fastest would be to marry, file the I-130, and return to Russia for 10 months.  It is taking more than 6 months for the I-130 approval process thsee days, plus the processes at the NVC, so it will take close to 10 months (or more) before you are ready for an interview anyway.  You can have the visa interview before the 10 months are up, but the visa can't be issued until it is.  As long as you have a visitor visa (B2), you can visit during the process -- but the length of the visit will not count toward the 10 months.

Edited May 12, 2017 by jan22

[EG&XY 144]

I would check out this site:

 

http://www.***removed***/j1-visa/home-residency-requirement/

 

First thing is to confirm that you are in fact subject to the requirement. From what I have read various places, it seems that sometimes the visa states that it is subject to the requirement, but it acrially isn't.

 

14 minutes ago, Transborderwife said:

I don't understand how you got an f1 with a 2yr hrr.  I would try AOSing

The homestay does not bar you from filing for nonimmigrang visas (such as f or b) but it will prevent you from adjusting from those if you haven't fulfilled the requirement (assuming you are really subject to it) or have obtained a waiver.

 

Given your situation requesting the waiver may be best, but are you willing to delay your extra 10 months in Russia to try? If you do return to Russia and go the I-130 (cr1/ir1) route then you can start the process and just complete the interview after you have finished the 10 months (shouldn't be a problem since the process is currently takin about 1 year). In this senario (return to Russia and renter with cr1/ir1) you will get the green card as soon as you enter, no need for work authorization etc. since you will have green card status as soon as you enter.

[Niia 22]

54 minutes ago, EG&XY said:

In this senario (return to Russia and renter with cr1/ir1) you will get the green card as soon as you enter, no need for work authorization etc. since you will have green card status as soon as you enter.

I thought I would still have to file I-485 when I return and my I-130 gets approved?

[EG&XY 144]

2 minutes ago, Niia said:

I thought I would still have to file I-485 when I return and my I-130 gets approved?

Get married, return to Russia and have your husband submit I-130. When the I-130 is approved (now about 5-6 months) it will be sent to the nvc to start the actual visa application. Once you have the visa interview and the visa is issued (cr1 since you will only have been married for about 1 year) you enter the us. When you enter the us they will stamp a temporary green card in your passport and send you the physical card in a month or so. When you enter on a cr1/ir1 you immediately have the green card, there is no adjustment of status (I-1485).

 

You would only do an I-485 (with the other forms for concurrent AP and EAP) if you are not subject to the home stay or you decide to try and are actually granted a waiver. But if you have to finish your last 10 months in Russia then this isn't an option for you.

[Niia 22]

@EG&XY,

Got it, thanks!

 

Also, does anyone know if we need to do the wedding ceremony before my OPT F-1 status expires (June 1) or if we can do it during the 60-day grace period? 

[DrEllaNJ 288]

You can do the ceremony during your grace period - as long as you leave the country before your authorized stay expires (or file AOS but I don't think that's a good plan in your case).

[Niia 22]

I have another question... I have been looking into filling a petition for a J-1 waiver based on hardship. From reading a lot, my understanding is that if you can show that it is not possible for your spouse to come with you, or it will be difficult for them to support you while you're living somewhere else, you have a good shot.

 

Our argument is that my spouse cannot come and live in Russia with me because he has a good stable job in the US, does not speak russian and wouldn't be able to find a job there, would not fit in culturally as he is not Caucasian and Russia is pretty racist (could easily get attacked and beaten), there is a travel alert issued for Russia due to all the conflicts and terrorist attacks in that region so he wouldn't be able to come visit or come there with me for safety reasons, plus he has a child who he supports and has arrangements to see every month and at this point he cannot just leave his child (if he was to come with me he would not have a job and wouldn't be able to support him, plus he is pretty young and needs a dad), he also has student loans that need to be paid off so he cannot just leave. 

 

If i was to go back, it is very unlikely for me to find a job there, since financial, accounting and business standards are different in Russia and with my US degree and knowledge I would have to go back to school there to learn what I need to get a job. Plus, it is just hard to get one period; when my mom lost her job, it took her 8 months to find a new one -- with 25 years of experience.  My spouse would not be able to support 2 different households and pay 2 rents and 2 of everything as he has student loans and a child to support. My mom who lives in Russia, also cannot support me and I am not her responsibility anymore as I am not a dependent and married; all of her income goes towards debt she is in. If I was to leave, it would also be difficult for my spouse to see his child as he lives in a different city but I can watch him during weekdays while he works so he can have him not just for 2 days at the end of the month on the weekend. 

 

Any opinion on whether or not these arguments are legit and what supporting documents we need would be greatly appreciated.