Experience with Adjustment of Status? [merged threads]

[nmanc33 8]

Hi Everyone,

Long story short, have been married for almost 2 years now in the US (we got married in the US), applied for adjustment of status with USICS, after a few months, they said they needed a j1 waiver opinion from state department and "No Objection statement". My wife's country send a "no object statement" to the department favoring my wife as staying her period in her own country, but got a decision today for "not favorable recommendation" from the j1 waiver portal.

Does anyone have any experience with this? We are still waiting for the mail to see the reason for the decision by the State Department, although her home country sent a favorable/positive No Objection Statement. Regardless, is it still possible to get her adjustment of status from USCIS even though the State Department doesn't favor it?

If more info is needed, please ask!
Many thanks for your responses and experience.

 

Side Note - Sorry if this is in the wrong section!

[jan22 2,898]

There will be no Adjustment of Status approved until either

1.  A waiver of the two year home residency requirement (HHR) is approved, or
2.  Your wife returns home for two years to fulfill the HHR.

What was the funding source for the J-1?  That can make a difference.  If it was US government funding, for example, it is unlikely that a waiver will be approved.

[nmanc33 8]

1 minute ago, jan22 said:

There will be no Adjustment of Status approved until either

1.  A waiver of the two year home residency requirement (HHR) is approved, or
2.  Your wife returns home for two years to fulfill the HHR.

What was the funding source for the J-1?  That can make a difference.  If it was US government funding, for example, it is unlikely that a waiver will be approved.

The J1 was US government funded.

 

The HHR comment - Is that the same thing as the No Objection Statement that her home country sent?

[jan22 2,898]

2 minutes ago, nmanc33 said:

The J1 was US government funded.

 

The HHR comment - Is that the same thing as the No Objection Statement that her home country sent?

Not sure exactly what your question is asking, but will try to clarify and see if it helps.

 

Some J-1 visas have a Home Residency Requirement (HRR) that requires them to return home and spend two years physically present in their home country after completing their J-1 program (per Section 212(e) of the INA).  That requirement should have been noted on her visa.  Until that HHR is met, or a waiver of that requirement is approved, the J-1 visa holder is not eligible for certain non-immigrant work visas or any immigration visas.

 

The J-1 is a cultural/educational exchange program -- the J-1 recipIent is going to the US to gain knowledge and experience to take back to tbeir home country.  Because of that purpose, some HHRs are because the home country wants the person to return and share/use their experience.  Therefore, getting a No Objection Statement for a waiver of the HHR is a part of the application process for a waiver of the requirement. 

 

It is, however, only one part of the waiver process.  The US side of the exchange must also agree to waive the HRR.  Usually, when the home country does not object, the US government approves the waiver.  However, when US government funds were used to support the J-1 program, it is very unusual for the US to agree to a waiver, and the J-1 recipient is required to fulfill the HRR prior to immigrating to or adjusting status in the US.

[nmanc33 8]

6 minutes ago, jan22 said:

Not sure exactly what your question is asking, but will try to clarify and see if it helps.

 

Some J-1 visas have a Home Residency Requirement (HRR) that requires them to return home and spend two years physically present in their home country after completing their J-1 program (per Section 212(e) of the INA).  That requirement should have been noted on her visa.  Until that HHR is met, or a waiver of that requirement is approved, the J-1 visa holder is not eligible for certain non-immigrant work visas or any immigration visas.

 

The J-1 is a cultural/educational exchange program -- the J-1 recipIent is going to the US to gain knowledge and experience to take back to tbeir home country.  Because of that purpose, some HHRs are because the home country wants the person to return and share/use their experience.  Therefore, getting a No Objection Statement for a waiver of the HHR is a part of the application process for a waiver of the requirement. 

 

It is, however, only one part of the waiver process.  The US side of the exchange must also agree to waive the HRR.  Usually, when the home country does not object, the US government approves the waiver.  However, when US government funds were used to support the J-1 program, it is very unusual for the US to agree to a waiver, and the J-1 recipient is required to fulfill the HRR prior to immigrating to or adjusting status in the US.

Thank you for the explanation! I believe I understand.

 

Her US gov funded j1 waiver was 5 weeks total and I believe the cost was around $5000 they provided - Not a multi month program.

I guess my confusion comes from the HRR part, although she was here later on a visa, and we got married here in the US prior to her visa expiring and has lived here since, is the confusing part. I get the home country rule, that at the same time her country sent the no objection statement, with no objection.

 

So at this point, until we receive the letter to see why exactly it was not favorable, is it safe to somewhat assume that it is because the US government program funded her original visa? Afterwards, she only traveled with an ESTA.

 

I also know I'm reading too much into this, I just never imagined they may possibly want her to go back for 2 years, after being married here for 2 years with a life, home and kids to come.

[Family 3,483]

File I 601 waiver 
 

4. Exceptional hardship to a U.S. citizen or permanent resident spouse or child. You would apply to the USCIS on Form I-612. Ordinarily this requires a situation of documented extreme hardship (i.e., medical reasons why your spouse or child cannot leave the U.S. and return to your country with you).

 

https://davisic.princeton.edu/immigration/students/2-year-residence-requirement

[OldUser 4,848]

9 minutes ago, nmanc33 said:

I just never imagined they may possibly want her to go back for 2 years, after being married here for 2 years with a life, home and kids to come.

You'd be surprised.

She may need a I-601 waiver, but it's not always easy to get.

Edited October 3, 2023 by OldUser

[nmanc33 8]

Thank you both! The I-601 waiver would come after we appeal the current recommendation first, correct?

 

Interesting thing about all of this is that when we first applied with USCIS, before they asked for a waiver, they didn't request an interview as we provided all evidence that we are married (hundreds of pages with photos of us together traveling, etc.).

The process is very interesting and requires patience.

[Ontarkie 13,918]

~~Moved to AOS from Work, Student and Tourist Visas, from AOS K1/K3 P&P~~

[nmanc33 8]

2 minutes ago, Ontarkie said:

~~Moved to AOS from Work, Student and Tourist Visas, from AOS K1/K3 P&P~~

Thank you! I don't know all the forms that well, since our attorney and wife are handling it, but I'm already a US citizen if that changes anything!

[Rocio0010 5,565]

3 hours ago, nmanc33 said:

they may possibly want her to go back for 2 years,

J1s are known for having that requirement. And DoS is very strict and hard on it. I have a friend that had the exact same situation, and she had to go back for two years. I am sure your wife had some training on the assignment she came to do where this was explained. They explain it over and over again. I myself had a J1 years ago, funded by the DoS, so I know...

 

What part of the process are you in right now? You said the interview was waived....

[nmanc33 8]

8 minutes ago, Rocio0010 said:

J1s are known for having that requirement. And DoS is very strict and hard on it. I have a friend that had the exact same situation, and she had to go back for two years. I am sure your wife had some training on the assignment she came to do where this was explained. They explain it over and over again. I myself had a J1 years ago, funded by the DoS, so I know...

 

What part of the process are you in right now? You said the interview was waived....

Correct! USCIS interview was waived after sufficient evidence that we were married for the right reasons. After her medical exam, etc, they suddenly said they need a j1 waiver - for this reason was originally denied. Applied j1 waiver under no objection - her home country sent a letter with no object to her staying outside of the country during the 2 year period - Although she is still a resident of her own country, but has been living in the US since we got married. The 2 year rule is also cumulative to my understanding - you can leave, then when you go back it keeps adding to the number. She was maybe 6 months short as a whole, but I would think the no objection statement from her home country would somewhat, to a degree, override that?

 

Now we're just waiting for the mail from USCIS to see the reason.

 

I know it's rare, but isn't it possible to still have a favorable result from USCIS although the DOS doesn't give a favorable recommendation?

[OldUser 4,848]

5 minutes ago, nmanc33 said:

I know it's rare, but isn't it possible to still have a favorable result from USCIS although the DOS doesn't give a favorable recommendation?

Only through waiver.

[Demise 1,096]

18 hours ago, nmanc33 said:

Hi Everyone,

Long story short, have been married for almost 2 years now in the US (we got married in the US), applied for adjustment of status with USICS, after a few months, they said they needed a j1 waiver opinion from state department and "No Objection statement". My wife's country send a "no object statement" to the department favoring my wife as staying her period in her own country, but got a decision today for "not favorable recommendation" from the j1 waiver portal.

Does anyone have any experience with this? We are still waiting for the mail to see the reason for the decision by the State Department, although her home country sent a favorable/positive No Objection Statement. Regardless, is it still possible to get her adjustment of status from USCIS even though the State Department doesn't favor it?

If more info is needed, please ask!
Many thanks for your responses and experience.

 

Side Note - Sorry if this is in the wrong section!

Yeah, refile I-485 and include an I-612 hardship waiver.

[EM_Vandaveer 2,370]

AFAIK you're not eligible to file for AOS unless you already have an approved waiver.

 

From the I-485 instructions:

 

"If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the 2-year foreign residence requirement of INA section 212(e), you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver of that requirement, or were issued a favorable waiver recommendation letter from U.S. Department of State (DOS)."

Edited October 4, 2023 by EM_Vandaveer