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No. Having a baby doesn’t waive anything. She still needs to comply with terms of her visa and return to her home country. 

ROC 2009
Naturalization 2010

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1 hour ago, Moja1 said:

Thanks for your reply.  Is there any way to waive her 2 year home residency?

Like said, having a baby does NOTHING but give the baby citizenship. That is it.

 

With that said, what is with the child's father? Are they together? If the child's father is a US citizen and willing to marry her, she may have other options. But for now she still has to abide by her agreement. She can return home with her child when she has to and the baby will still be a US citizen.

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Filed: K-1 Visa Country: Wales
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5 hours ago, Moja1 said:

Thanks for your reply.  Is there any way to waive her 2 year home residency?

On what basis is your friend looking to stay after her J1 expires?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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Probably best if your friend joins VJ, I was asking not what she wants but how she intends to achieve it. How does she intend to be come a LPR.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Moja1 said:

She wants to be us citizen. Both her and the husband are filipino.

Lots of people want to be citizens. You need a path to get there. From what you have posted so far I don’t see what her path is (she needs a green card first of course), other than waiting for her child to reach age 21 to be able to sponsor her. Does she have any other US citizen relatives able to sponsor her (parents or sibling)? 

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1 hour ago, SusieQQQ said:

Lots of people want to be citizens. You need a path to get there. From what you have posted so far I don’t see what her path is (she needs a green card first of course), other than waiting for her child to reach age 21 to be able to sponsor her. Does she have any other US citizen relatives able to sponsor her (parents or sibling)? 

She has a sister that is a green card holder. But she told me it will take a long time for the sponsorship to prosper. Her sister is married to another green card holder.  She was advised by a former j1 person who eventually became green card holder, that having a baby waives the waiver and leads to green card path. (This happen 2010)

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16 minutes ago, Moja1 said:

She has a sister that is a green card holder. But she told me it will take a long time for the sponsorship to prosper. Her sister is married to another green card holder.  She was advised by a former j1 person who eventually became green card holder, that having a baby waives the waiver and leads to green card path. (This happen 2010)

That's absolutely not true but I'm sure you'll believe whatever anyone tells you. 

ROC 2009
Naturalization 2010

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28 minutes ago, Moja1 said:

She has a sister that is a green card holder. But she told me it will take a long time for the sponsorship to prosper. Her sister is married to another green card holder.  She was advised by a former j1 person who eventually became green card holder, that having a baby waives the waiver and leads to green card path. (This happen 2010)

That will take forever. Her sister first needs to become a citizen before she can sponsor a sibling. For Filipinos, it is nearly a 20 year wait for a sibling visa. It will actually probably be faster for her to wait till the new baby is 21. And she cannot wait illegally in the US, I don’t see any path for this person other than to return to Philippines. 

 

The former J1 holder is either talking nonsense or your “friend” misunderstood. What more likely happened, is that in the case referred to the baby had a US citizen father that led to the green card and grounds for a waiver.

Edited by SusieQQQ
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Thanks for your reply. Thats why we are confused because more then 3 persons where claiming it. This happened bback 2008.2009 and 2010. So what we are looking now is , is there any waiver or exception at that time that we could look and use as reference? (But maybe just look coz she has 2 year home res.) Haha. Thanks again

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12 minutes ago, Moja1 said:

Thanks for your reply. Thats why we are confused because more then 3 persons where claiming it. This happened bback 2008.2009 and 2010. So what we are looking now is , is there any waiver or exception at that time that we could look and use as reference? (But maybe just look coz she has 2 year home res.) Haha. Thanks again

No. I don’t care how many people claim it, it never happened the way you describe. Babies do not give you any rights, and did not back then either. And it makes no difference whether or not she (this is actually you, right?) has a 2 year requirement or not. Even without needing a waiver, there is no path to her staying in the US legally.

 

 

Edited by SusieQQQ
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