JaneNC

@cosmonauts Thanks for responding! She's not going to update the statement of reason. Her embassy said they sent the No Objection Statement to DOS. She's waiting for the website to update.

@Pizookie Thank you!

Just to be clear, the NOS J1 waiver approval hinges on the recipient's home country submitting a No Objection Statement? Pretty straight forward if the recipient did not receive funding from their country or the US? 

Statement of Reason Question: When my daughter in law submitted all her documents for the J1 Waiver, she was about to get married and stated this in the Statement of Reason. She is now married to a US Citizen. Does she need to update the Statement of Reason with her marital status? Can she update this online?

Thanks!

When my daughter in law submitted all her documents for the J1 Waiver, she was about to get married and stated this in the Statement of Reason. She is now married to a US Citizen and wants to update the Statement of Reason. 

Here are my questions:

1. Is there a way to update it?

2. Should she create a new one?

3.Should she update it with her marriage status, which is the primary reason for the waiver?

Thanks!

Thank you for the explanation! I thought it might be risky and jeopardize the chances of getting the AOS approved.

First, congratulations on your FR! You mentioned in your post that you have already applied for the adjustment of status. I thought you need to wait for the official waiver from USCIS? Can you apply for this simultaneously? Thank you.

@Coco8 Thank you for all your help. I just need clarification: Are you saying including a cover letter with her paper work to the embassy requesting the no objection letter, explaining her marriage to a US citizen and that he cannot live in Honduras, etc. would help her case? She is planning to this.

On 2/6/2021 at 2:33 PM, Coco8 said:

The issue here is whether the program she is a part of will provide a favorable letter

@Coco8 I'm confused about what you mean by providing a favorable letter. 

If she quits, won't her J1 get terminated?

@Coco8 Thanks for your response. She wants to avoid contacting her program sponsor for the exact reason you mentioned. Instead of providing the letter from them, she is going to write a cover letter explaining that she is married to a US Citizen who cannot move to Honduras and the reasons for this. She is including a copy of her marriage certificate. Is this what you are referring to when you said...

"she could add her own statement to the government officials when they write her No objection letter. She could write a statement about how she got married, how they cannot be apart and include something on how the husband cannot move to Honduras. She could add short letters from family about the relationship."

She was not planning on getting her exchange program for teachers involved. Do you think the cover letter would be acceptable?

@Veronikac I was trying to find out if this is a mandatory requirement. She does not want to jeopardize her visa status by contacting the J1 sponsor. She informally asked someone who works there what the risks are to request the letter and the response was their policy is to recruit teachers who agree to return to their home country and share their skills training with their country. If they agreed to do it for her than others would want the same thing and they don't want to be known as a gateway for dual immigration.

@Lucky Cat She has all other supporting documents for fulfilling the NOS for her country. This is just an additional request. She's got everything else notarized and approved by her government. I'm just wondering if other J1 waiver applicants with teacher exchange sponsors may have experienced this type of request and risk of termination of the sponsor visa.

@Veronikac No, she did not receive funding from the US or her home country (Honduras). The two year residency requirement is her skills as a teacher.

My daughter in law has approximately 16 months left on her J1 visa. She is a teacher and received her J1 through a teacher exchange sponsorship program. She is married to a US citizen and is planning to apply for a green card. Her home country's embassy is requesting a letter of approval for the waiver from her J1 Visa sponsor in order to provide a No Objection Statement. She was advised not to do this because this may trigger an immediate termination of her J1 visa. She has all the other supporting documents. Anyone else have this situation? Any advice?

Thanks @Lucky Cat. Yes, you are right. The guide on this site does not list this.

By the way, @Lucky Cat, were you referring to Form I-864 (Affidavit of Support) when you said she needs to file Form I-944? with the I-485 package?

Thanks again @Lucky Cat!

@Lucky Cat Thanks for your response! That clears it up. I thought the Affidavit of Support needed to be filed with the I-130 and I-130A.

She is not permitted to apply for the AOS until she gets a formal approval for the waiver from the USCIS.

Will she be assigned an alien number to be used with the I-485 and other forms to be submitted?

Since I can't edit the original post, I'm going to re-post it here with the corrections:

My daughter in law is in the US on a J1 Visa that expires June, 2022. She is married to my son, a US Citizen. She has applied for the J1 2-year residency waiver. Rather than wait for the approval for the J1 Waiver, which takes several months, he wants to submit the I-130, I-130A and I-864 now. When the waiver is approved, she plans to file the I-485 (AOS).

My questions are:

(1) Can my son file the I-130 while here in the US while waiting for her J-1 Visa Waiver?

(2) Can he submit the I-130 and I-130A electronically?

(3) When and how does he file the I--864?

Thanks!

Thank you! How about the I-864 Affidavit of Support?

Thanks for your reply. Question 1 should read:

(1) Can she file the I-130 while here in the US while waiting for the J1 Waiver?

My daughter in law is in the US on a J1 Visa that expires June, 2022. She is married to a US Citizen. She has applied for the J1 2-year residency waiver. Rather than wait for the approval for the J1 Waiver, which takes several months, she wants to submit the I-130, I-130A and I-864 now. When the waiver is approved, she plans to file the I-485 (AOS).

My questions are:

(1) Can she file the I-130 while here in the US while waiting for the I-130?

(2) Can she submit the I-130 and I-130A electronically?

(3) When and how does her spouse file the I--864?

Thanks!

Did you receive a J1 Waiver?

Here are the details: The visa beneficiary for the I-130 is a J-1 Visa Teacher in the US who applied for a J-1 2-year residency Waiver. She married a US Citizen and wants to submit the I-130 while waiting for the J-1 Waiver. Once the USCIS approves the J-1 waiver, she will submit the Adjustment of Status (I-485). Is this a good path for her to take?

I’m filing the I 130 electronically. My spouse and I are in the US. Can I file the I 864 electronically with the I 130 and is there a fee?

@MZQ Thank you!