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How to waive "2 year rule"? Applicant was not sponsored by any government

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My bf had 2 J1 visas(in 2 year period) and each visa had 2 year rule. For me it looks weird. Why for the first time they put "2 year apply", and gave visa again in 6 months with the same "2 year rule". Reason is not mentioned on forms. He doesn't owe money to USA government and his country. Didn't get any scholarships, grants etc. He used CAEP program, and its a profit organization and not sponsored by US government. Now we are going to marry and have to waive it before applying for his green card. Does anybody know where to start and what is the process? I know that at first we have to check did he really had those "rules", because sometimes they put it by mistake. If we get answer that 2 years rule apply, we have to contact to his embassy to get proves that he doesnt owe any money to his government and get the waiver. But what after? Do we have to start this process before we get married or after? We are not able to find experienced attorney. Nobody knows how to waive it. Please, if you have experience how to do it, share with me.
Thank you

 

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J1 waiver has nothing to do with the marriage, just the i485 filing. One is required to include J1 waiver with i485 filing.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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4 minutes ago, arken said:

J1 waiver has nothing to do with the marriage, just the i485 filing. One is required to include J1 waiver with i485 filing.

Thank you for your respond. I know, it has nothing to do with a marriage. But if he needs a waiver he has to say "why he needs it?". So, maybe, in this case, we have to include our marriage silence. You know what I mean? It looks like a chain)

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11 minutes ago, arken said:

J1 waiver has nothing to do with the marriage, just the i485 filing. One is required to include J1 waiver with i485 filing.

Have you read this?  It has some good info......https://www.immi-usa.com/j1-visa-waiver-faq/

 

 


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Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
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  • SS Card received : 7/3/2017
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  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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I was relating to your question on whether to apply for waiver before or after marriage. Look into the following for how to obtain the waiver. Possibly getting No Objection Letter may be easier.

 

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html

 

you can also file i-612 if your claim of waiver is hardship or persecution in home country.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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3 hours ago, FreeWoman said:

Thank you for your respond. I know, it has nothing to do with a marriage. But if he needs a waiver he has to say "why he needs it?". So, maybe, in this case, we have to include our marriage silence. You know what I mean? It looks like a chain)

You don't need to include a marriage license. I asked for my waiver months before getting married. To request a no objection letter from my embassy, I wrote a letter stating that we wanted to get married and continue our life in the US due to a better quality of life. The process can be lengthy so start soon!


J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent

02/02/2017 Case received by USCIS

02/23/2017 Married!

05/17/2017 Approval notice received

 

Adjustment Of Status from J-1

05/08/2017 Package sent (I-130, I-485 and I-765)

05/11/2017 Package received at Chicago Lockbox

05/18/2017 NOA received with case numbers via mail

06/06/2017 Had biometrics appointment in Pomona, CA

08/07/2017 Sent an online service request on I-765

08/17/2017 Letter in the mail saying case still under review

08/23/2017 Scheduled for an interview

08/26/2017 Sent second SR on I-765

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

 

 

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3 minutes ago, tamaara said:

You don't need to include a marriage license. I asked for my waiver months before getting married. To request a no objection letter from my embassy, I wrote a letter stating that we wanted to get married and continue our life in the US due to a better quality of life. The process can be lengthy so start soon!

Thank you so much, I really appreciate your advice. We might start soon, I think, you are right, it can take a while.

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3 hours ago, FreeWoman said:

. Reason is not mentioned on forms. He doesn't owe money to USA government and his country. Didn't get any scholarships, grants etc. He used CAEP program, and its a profit organization and not sponsored by US government.

 

He may be subject due to the Skills List although I don't see Ukraine on that list. I also didn't get government money, but my country is in that skills list.

You can ask for an "advisory opinion" to be 100% sure if he's actually subject as some people get the stamp by mistake.


J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent

02/02/2017 Case received by USCIS

02/23/2017 Married!

05/17/2017 Approval notice received

 

Adjustment Of Status from J-1

05/08/2017 Package sent (I-130, I-485 and I-765)

05/11/2017 Package received at Chicago Lockbox

05/18/2017 NOA received with case numbers via mail

06/06/2017 Had biometrics appointment in Pomona, CA

08/07/2017 Sent an online service request on I-765

08/17/2017 Letter in the mail saying case still under review

08/23/2017 Scheduled for an interview

08/26/2017 Sent second SR on I-765

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

 

 

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3 hours ago, arken said:

I was relating to your question on whether to apply for waiver before or after marriage. Look into the following for how to obtain the waiver. Possibly getting No Objection Letter may be easier.

 

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html

 

you can also file i-612 if your claim of waiver is hardship or persecution in home country.

Thank you, for your response. Fortunately, his country is very peacefully place to live. I have doubts will it work.

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2 minutes ago, tamaara said:

He may be subject due to the Skills List although I don't see Ukraine on that list. I also didn't get government money, but my country is in that skills list.

You can ask for an "advisory opinion" to be 100% sure if he's actually subject as some people get the stamp by mistake.

Ohh, I checked his country is in that list. His DS doesn't state why 2 years rules apply. As usual, they leave check mark next to the reason. And he has two J1 visas, one after another one, and both have 2 year rule. So why do they issued him another J1 visa after 6 months? Ohh, I hope we can fix it. Thank you

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4 minutes ago, FreeWoman said:

Ohh, I checked his country is in that list. His DS doesn't state why 2 years rules apply. As usual, they leave check mark next to the reason. And he has two J1 visas, one after another one, and both have 2 year rule. So why do they issued him another J1 visa after 6 months? Ohh, I hope we can fix it. Thank you

I'd ask for the advisory opinion just to be sure.

I had one J-1 but had to renew DS-2019 twice, only one had the check mark.


J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent

02/02/2017 Case received by USCIS

02/23/2017 Married!

05/17/2017 Approval notice received

 

Adjustment Of Status from J-1

05/08/2017 Package sent (I-130, I-485 and I-765)

05/11/2017 Package received at Chicago Lockbox

05/18/2017 NOA received with case numbers via mail

06/06/2017 Had biometrics appointment in Pomona, CA

08/07/2017 Sent an online service request on I-765

08/17/2017 Letter in the mail saying case still under review

08/23/2017 Scheduled for an interview

08/26/2017 Sent second SR on I-765

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

 

 

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