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J1 waiver

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Filed: Other Timeline

Hi everyone! Hope you’re all doing alright. I would be very appreciative if you could help me assess my chances of getting a visa and green card. I was on a cultural exchange student program sponsored by the U.S. Department of State on a J-1 visa with the 2 year home residency rule. During the past academic year I was dating a guy and before I had to fly back home we got married. Now I am stuck in my home country due to the covid obviously. What are my chances of getting a tourist visa to come visit him in the USA considering that my only strong tie to my home country is one more year at my university? Are there any chances of waiving my 2 year home residency requirement, given it’s a gay marriage and my home country is far from being LGBT friendly? I would appreciate any advice :) 

 

P.S. I am not eligible for no objection statement, exceptional hardship to a U.S. citizen and request by an interested U.S. Federal Government Agency waivers. 

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*~*~*moved from “adjustment of status from work/study/tourist visas” to “tourist visas” as question concerns visiting only*~*~*


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Your chances of getting a tourist visa can’t ge predicted. All you can do is apply and hope for the best. Your ties are weak, that counts against you. But you can’t make up ties that don’t exist - you can’t prove something that you don’t have. 


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Morocco
Timeline

Since you are married to a USC,  why doesn't the USC apply for the CR1 spouse visa which would take 12 to 14 months allowing you to finish that final year in your home country?

A tourist visa when you have to say you are married to a USC????? probably not going to happen as they will assume your will AOS to stay in the USA

CR1 is the best way to go and the USC can visit you when able to fly

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Filed: Other Timeline
35 minutes ago, JeanneAdil said:

Since you are married to a USC,  why doesn't the USC apply for the CR1 spouse visa which would take 12 to 14 months allowing you to finish that final year in your home country?

A tourist visa when you have to say you are married to a USC????? probably not going to happen as they will assume your will AOS to stay in the USA

CR1 is the best way to go and the USC can visit you when able to fly

Wow, I didn’t know it was possible to apply for the spouse visa before this 2 year rule expires. 

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Filed: EB-3 Visa Country: Germany
Timeline
15 minutes ago, jjj20 said:

Wow, I didn’t know it was possible to apply for the spouse visa before this 2 year rule expires. 

Yes there is no problem in applying. You just can't receive the visa until the 2 years is up, or you receive a waiver

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Filed: Citizen (apr) Country: Morocco
Timeline
3 hours ago, jjj20 said:

Wow, I didn’t know it was possible to apply for the spouse visa before this 2 year rule expires. 

none of us know when the 2 years is up as you do not say

but being married now to a USC your chances of getting a tourist visa are slim to none

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Filed: Other Timeline
1 hour ago, JeanneAdil said:

none of us know when the 2 years is up as you do not say

but being married now to a USC your chances of getting a tourist visa are slim to none

It’s up in March 2022. I guess there’s no point in starting the spouse visa process earlier than March 2021? 

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
5 hours ago, jjj20 said:

It’s up in March 2022. I guess there’s no point in starting the spouse visa process earlier than March 2021? 

The spousal visa process takes a year or more, with the virus and possible USCIS furloughs due to budget problems, maybe even longer, no one knows for sure how long it could take.  I would plan on around 18 months from filing a petition until the visa interview, so a good time for your US citizen husband to file an I-130 petition for you would be September 2020 that's only a couple of months away.  Discuss this with him and start preparing the necessary documents, both of you need to do lots of research on the process and all its steps.  One good side of the two-year period abroad is you'll enter with an IR-1 spousal visa and not have to go through ROC, you'll receive a 10-year green card when you immigrate.  You can always apply for a tourist visa to visit him in the US for short periods of time during the spousal visa process, but as others have said, with a spouse in the US it may not be approved.  It may be easier for him to visit you in your country during the process, in fact, evidence of time spent together, plus documents that show as much financial co-mingling as you can do while living apart will help and make your visa approval more likely.  Good luck!

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Filed: AOS (apr) Country: New Zealand
Timeline
14 hours ago, jjj20 said:

Hi everyone! Hope you’re all doing alright. I would be very appreciative if you could help me assess my chances of getting a visa and green card. I was on a cultural exchange student program sponsored by the U.S. Department of State on a J-1 visa with the 2 year home residency rule. During the past academic year I was dating a guy and before I had to fly back home we got married. Now I am stuck in my home country due to the covid obviously. What are my chances of getting a tourist visa to come visit him in the USA considering that my only strong tie to my home country is one more year at my university? Are there any chances of waiving my 2 year home residency requirement, given it’s a gay marriage and my home country is far from being LGBT friendly? I would appreciate any advice :) 

 

P.S. I am not eligible for no objection statement, exceptional hardship to a U.S. citizen and request by an interested U.S. Federal Government Agency waivers. 

You do know that you cannot come and adjust status to stay in the US on a tourist visa?  The CR-1 visa is the correct one for the spouse of a USC.

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Filed: Other Timeline
2 hours ago, Jorgedig said:

You do know that you cannot come and adjust status to stay in the US on a tourist visa?  The CR-1 visa is the correct one for the spouse of a USC.

Yep, that’s why I brought up the HRR.

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