zubairaliraja

I have a question, if J-1 waiver is applied based on NOS, do J1 still have to send form I612 or he does not need to send anything. Also if waiver notification comes from USCIS, what is written on that 797 notice of action of receipt of I-612

17 hours ago, Gonzala said:

I didn‘t have this error but did you try a different browser? My application did not work with Google Chrome.

Tried at least 100 times same issue. used different browsers and getting the same error

Who has encountered this error once he/she clicked the "DISPLAY PACKET" bottun to generate online PDF application?

Couldn't open input file! D:\CA_Websites\JWOL\DS-3035-blank1.pdf

I have tried at least 10 times over the last two days and this error is not going away. It frustrating as I need to apply ASAP.

Regards

Who has encountered this error once he/she clicked the "DISPLAY PACKET" bottun to generate online PDF application?

Couldn't open input file! D:\CA_Websites\JWOL\DS-3035-blank1.pdf

I have tried at least 10 times over the last two days and this error is not going away. It frustrating as I need to apply ASAP.

Regards

4 minutes ago, Coco8 said:

 

Yes, you should do the same application.

 

In the statement you are supposed to write, explain that your wife served the 2 years but you stayed under F1 to do a PhD. Send copies of your F1 visa, transcript, and CV along with your application as 'additional material'. You might want to include evidence that your wife served her time in your country, like a statement from her stating what he has been doing in her country, a copy of her passport and J1 stamp, a copy of her DS 2019. 

 

Make sure you write everything well because I had a hard time understanding your case (probably because this is just a blog and you wrote it fast). 

 

You should show evidence of time spent in your country (those 4 months).

 

Did your wife receive government funding? If so, you should say she received funding and you did not. It is tricky because you would have received it indirectly.

 

 

 

Thanks, you are very helpful. I can arrange my No Objection Certificate as well directly from the embassy again. Will it work?

5 hours ago, Coco8 said:

Ah got it. Where you on F1 during the whole PhD? If so, any time you traveled to your home country counts towards your 2 year residency requirement. Any time you spent after your J2 in your country basically counts; the 2 years don't need to be "served" at the same time.

 

I'd think that your case merits a special consideration and you could apply for the waiver on your own. They do consider some J2 waivers, like in the case of divorce. Even if you haven't divorce, the fact that you have lived apart for at least 2 years makes it a similar case. You can send an email to the waiver division asking them about your case. 

 

Did your J1 receive funding from the DOS or any special government agency? 

 

 

 

 

 

 

Putting all things together

1) My J1 was a Full brighter so she received the DOS and Government funding
2) I did whole PHD after my J1 left for home country on F1 and spent only 4.5 months in home country

3) Do I need to apply on the J1 waiver link? as there is none for J2. And then present my case in the statement? 

4) Do they usually apply through email? Even if you have not lodged a formal case?

1 minute ago, zubairaliraja said:

Yes I was on F1 during the whole period. After J2 I spent almost 4 months in my home country.

Also I never received any funding.

5 hours ago, Coco8 said:

Ah got it. Where you on F1 during the whole PhD? If so, any time you traveled to your home country counts towards your 2 year residency requirement. Any time you spent after your J2 in your country basically counts; the 2 years don't need to be "served" at the same time.

 

I'd think that your case merits a special consideration and you could apply for the waiver on your own. They do consider some J2 waivers, like in the case of divorce. Even if you haven't divorce, the fact that you have lived apart for at least 2 years makes it a similar case. You can send an email to the waiver division asking them about your case. 

 

Did your J1 receive funding from the DOS or any special government agency? 

 

 

 

 

 

 

Yes I was on F1 during the whole period. After J2 I spent almost 4 months in my home country.

5 hours ago, Coco8 said:

Ah got it. Where you on F1 during the whole PhD? If so, any time you traveled to your home country counts towards your 2 year residency requirement. Any time you spent after your J2 in your country basically counts; the 2 years don't need to be "served" at the same time.

 

I'd think that your case merits a special consideration and you could apply for the waiver on your own. They do consider some J2 waivers, like in the case of divorce. Even if you haven't divorce, the fact that you have lived apart for at least 2 years makes it a similar case. You can send an email to the waiver division asking them about your case. 

 

Did your J1 receive funding from the DOS or any special government agency? 

 

 

 

 

 

 

Thanks, I think this is the best suggestion I have gotten. This is the best way to proceed among all options. Do I have to go through the Waiver application link of the J1 and then present my case a J2?

2 hours ago, Coco8 said:

 

I don't understand. If your wife had J1 and spent 2 years in home country, where were you for those 2 years? 

 

 

Hello Coco,
 

My wife left for home country in Dec 2012 to fulfill the condition but I stayed in US to start my PhD and wanted to change the status from J2 to F1. I was denied by USCIS. I got NOC for my J2 residence condition from the Embassy and came back in August 2013 to do the PhD on F1. I completed it last year in 2017.

I have an important question as I am stuck with this situation:

Is there any one (J1) who actually served the 2 year home residency condition but still applied for the Waiver, may be to arrange the waiver for his or her J2 spouse? My situation is that my wife who was on J1 served it. Now I got my H1 even without serving the J2 home residence condition, I though got the NOC from my home country. I need the same approval from the USCIS through DOS recommendation for waiver. However, it is only J1 who can apply for it not me who is J2 but my J1 has actually served the condition. If she still gets the waiver recommendation from DOS only then I can get the waiver though. As mentioned above, I also have an NOC from my government through which they have waived my J-2 condition. Rules are so strange that I can directly get the waiver recommendation if I have divorced my J1, or J1 has died.

This is bit technical but if someone (J1) can answer that he and she got waiver recommendation from DOS after actually served the 2 year home residence condition, then I know how to move forward. Please reply as its urgent for me.

Thanks

Raja

I have an important question as I am stuck with this situation:

Is there any one (J1) who actually served the 2 year home residency condition but still applied for the Waiver, may be to arrange the waiver for his or her J2 spouse? My situation is that my wife who was on J1 served it. Now I got my H1 even without serving the J2 home residence condition. I need the same approval from the USCIS through DOS recommendation for waiver. However, it only J1 who can apply for it not me who is J2 but my J1 has actually served the condition. If she still gets the waiver recommendation from DOS only then I can get the waiver though, I also have an NOC from my government through which they have waived my J-2 condition. 

This is bit technical but if someone (J1) can answer that he and she got waiver recommendation from DOS after actually served the 2 year home residence condition, then I know how to move forward. Please reply as its urgent for me.

Thanks

Raja