Wyboxcx

May 2023

I am sorry you are going through this, but this is honestly an expected denial given that you received gov funding. I would not have filed for a NO waiver if I were you, I would have chosen the hardship route from the beginning. As for the sponsor views, no one knows for sure. Since the basis of the waiver request is different, they will probably weigh the hardship against program and policy considerations and decide again.

Has anyone successfully filed for AOS with a pending DOS hardship waiver?

I doubt that having any connections will influence this process whatsoever. If they had connections their case would not have taken a year. No one knows how the DOS Waiver Review Division operates, it's like a blackbox.

Congratulations! It seems that 20 months is their actual processing time.

Time to file a write of mandamus if you ask me. That is an unreasonable delay that goes even beyond their ridiculous processing times.

it does not seem that this person even had any government funding, based on the lack of "sponsor views". While I am happy for them, the fact that it took them 20 months to issue a FR is beyond depressing. This is so fundamentally cruel

It seems the State Department wrongly believes that marriage to a US citizen is often used by J-1 visa holders to bypass the requirement, that is why they are dragging the hardship waiver process to take longer than the requirement itself, it's a form of punishment for those who actually face severe hardship and cannot return home with their families. They might as well just stop allowing waivers under this category. There is no other reason why all other waiver categories are processed faster than hardship to a US citizen, even persecution waivers are processed faster. You would think that the Biden administration would prioritize the wellbeing of its own citizens and their families, but no, they decided to prioritize politics and program and policy considerations. They have not even posted the statistics for the past fiscal year, my guess is that there is a shocking increase in the rate of denials of hardship waivers by the DOS. it's a desperate time.

I am still waiting for a DOS decision and at this rate I am not expecting to hear back from them until at some point in August or September 2024

Congratulations! Did they expedite?

I have an application pending with USCIS since earlier this month. Seems like it's going to be a long wait based on the processing times posted on USCIS website (14 months)

Anyone know what is going to happen in case there is a government shutdown? USCIS is fee funded so it will continue to process applications, but it's unclear whether DOS waiver review division is affected?

She said that her case has gov funding even when no such request for sponsor views was made.

I believe it depends on which government. If it’s US gov funding then they definitely seek sponsor views. If it’s a foreign government sponsor maybe they don’t always do that.

Yeah this is ridiculous. Absolutely no consideration even for their own processing time estimates. It feels like a punishment for people who apply for hardship. I just don’t get why this category specifically?

Sponsor views are requested when US or foreign government funding is involved.

That’s crazy! I am relieved for you finally getting a decision but still, it is bittersweet I am sure. I wasn’t sure as your screenshot didn’t show when each item was received.

Congratulations! Is the 72 weeks wait at the DOS alone or in total DOS + USCIS?

They probably haven’t posted the statistics for hardship last year because it is shocking: a dramatic increase in the rate of rejections, even after 2 + years wait time at DOS. Depressing

USCIS is issuing RFEs to the majority of hardship cases these days, asking for documents already submitted with the initial filing.I received an RFE that considerably slowed down the process and the crazy thing was that my RFE was identical to an RFE received by someone else during the same time. I suspect that USCIS is using RFEs as a strategy to further delay hardship cases. I was able to overcome the RFE by basically sending them a new application but the other person's response was not enough and they had their hardship case denied by USCIS!

I am more disturbed by the fact that filing a write of mandamus has become the only way to make them decide on hardship cases .

That exceeds even the DOS own posted timeframe. These delays have become ridiculous!

That is accurate. In my case it took them one year exactly to forward to DOS. When did you apply with USCIS?

I hope that with more lawsuits the DOS will finally realize how inhumane their processing times are and finally pick up the pace.

Finally! Must be a relief for you. But what an ordeal honestly. This is a nightmare.