Experience with Adjustment of Status? [merged threads]

[nmanc33 8]

1 hour ago, Rocio0010 said:

They rarely work. 

And in the rare case where they work, it's because the one needing immediate assistance is the USC, not the intending immigrant.

Thanks for your reply!

Isn't the purpose of the extreme hardship waiver to prove that the USC needs their spouse with them in the states due to psychological, economic impact, family, etc and USC not being able to move to spouses home country due to job (owning a business), not knowing the language, etc.?

[nmanc33 8]

59 minutes ago, Boiler said:

If we are talking about an I 601? then yes there are lots of examples. Obviously depends on the details, an overstay is one thing, major international drug dealer another.

Not for 601, but for a J1 waiver due to 2 year HRR rule - her No Objection was denied specially due to it being government funded as a government visitor (category) and short term scholar for a less than 2 month program (her country sent the no objection as well clearly stating they understand they will be seeking immigration and does not have to physically be in their home country to serve it).

 

So now we are at the hardship waiver part since the no objection was denied due to the government funding program.

Any suggestions?

 

- on a side note, I would be taking a huge financial hit with her leaving (paying for masters and can't be used in her home country), she assists my family on a daily basis as I work and don't have anyone to assist them.

[Pinkrlion 2,610]

She knew the rules when she stated she understood and agreed to follow that she had to return home. 

[Rocio0010 5,569]

1 hour ago, nmanc33 said:

due to psychological, economic impact, family, etc and USC not being able to move to spouses home country due to job (owning a business), not knowing the language, etc.?

Nope, that's not an EMERGENCY, otherwise everyone would be applying for it. They mostly work when it's a concerning immediate health reason for the USC -and no, mental health in the sense of "I miss my SO" does not qualify.

 

I just read that it's a J1 visa waiver subject to the 2 year HHR -forget about it. The US funds the program, and they are very strict about it. Also, with such a short program duration, her J1 could clearly be labelled as "fraudulent" since she's seeking an immigration benefit immediately after a short program. They might think she'd planned out this to begin with before applying for the J1. Big no no.

[Boiler 43,561]

2 Year HRR, often just easier to go with it. A lot of the things you are talking about would apply to a permanent ban.

[nmanc33 8]

6 minutes ago, Rocio0010 said:

Nope, that's not an EMERGENCY, otherwise everyone would be applying for it. They mostly work when it's a concerning immediate health reason for the USC -and no, mental health in the sense of "I miss my SO" does not qualify.

 

I just read that it's a J1 visa waiver subject to the 2 year HHR -forget about it. The US funds the program, and they are very strict about it. Also, with such a short program duration, her J1 could clearly be labelled as "fraudulent" since she's seeking an immigration benefit immediately after a short program. They might think she'd planned out this to begin with before applying for the J1. Big no no.

That's the confusing part to me.

Her J1 program was as a government visitor (short term scholar), but in 2019! She was back in her country for 20 months (aggregate, cumulative) and spent time in another European country (Germany) for university.

I also did not meet her during her program, but later on when she was visiting on ESTA.

Generally speaking, her J1 was based off of entrepreneurship for people under 30 in her country.

[nmanc33 8]

8 minutes ago, Boiler said:

2 Year HRR, often just easier to go with it. A lot of the things you are talking about would apply to a permanent ban.

I'd love to pick your brain on this. Can you elaborate? She's already here/been here after we got married. The reason she's been here for so long now is due to the entire process and waiting time (I-485...then j1 waiver no objection... now this)

Thank you!

[Boiler 43,561]

So she only has 4 months left to do? That is like a long vacation.

[nmanc33 8]

15 minutes ago, Pinkrlion said:

She knew the rules when she stated she understood and agreed to follow that she had to return home. 

Which is the subjective part. On the .gov page, under no objection it states that "A no objection letter is generally insufficient to warrant a favorable recommendation from the DOS-WRD when U.S. government funding was involved in the exchange program." The word that throws it off is "generally". Our attorney believed it would be sufficient with the no objection from her home country and the low dollar amount that was written on her J1 - compared to most programs costing 6+ figures easily and run for several months.

 

 

[Boiler 43,561]

I do not understand why you were even messing around with a 4 month requirement.

[nmanc33 8]

7 minutes ago, Boiler said:

So she only has 4 months left to do? That is like a long vacation.

Completely agree on that, but also makes it significantly hard since her graduation would be during that time and also her bar exam (hard on her, financially hard on me since everything is paid for already).

Regardless, she would have to then apply for a 601a and that alone takes months/over a year possibly before should could even do that.

 

Then she would have to stay 1-2 years to start the process in her home country from my understanding? Because she won't be able to come back since she's already in the system?

[nmanc33 8]

1 minute ago, Boiler said:

I do not understand why you were even messing around with a 4 month requirement.

If I had known better, trust me I wouldn't.

That's why we hired an attorney and put our trust in him. The system is to put trust in professionals and listen to their expertise. For someone that has never gone through this, it is all jibberish to begin with.

[Boiler 43,561]

She entered on ESTA, VWP is good for 90 days, then she would have a ban only 6 months later.

 

I 601a is currently around 44 months.

 

This was not well thought through. To quote someone we know who told you this was a good idea?

[nmanc33 8]

4 minutes ago, Boiler said:

She entered on ESTA, VWP is good for 90 days, then she would have a ban only 6 months later.

 

I 601a is currently around 44 months.

 

This was not well thought through. To quote someone we know who told you this was a good idea?

Our attorney.

 

She's been here for over 2 years now.

[Boiler 43,561]

4 minutes ago, nmanc33 said:

If I had known better, trust me I wouldn't.

That's why we hired an attorney and put our trust in him. The system is to put trust in professionals and listen to their expertise. For someone that has never gone through this, it is all jibberish to begin with.

You mentioned she is doing a Bar exam?????

 

I was watching a lady on Hacking yesterday, she had screwed things up, I had sympathy she did not come across as being very bright, not sure I am now allowed to say that, but we have the Internet, you are looking at discretionary relief, let is be real here. Fortunately her case is easily fixable.

 

Obviously my knowledge of your case is limited, my guess is that the I 601a is going to be the way to go.