nmanc33

Thanks for your response, Sabina! Do you know if it's because they already have it on file or they just don't care about it now when it comes to hardship? The NOS denial was detrimental to our family so I'm trying to figure out if they automatically deny the hardship too based off the same sponsor views or they will actually look at the case for hardship..

Hi Everyone, I have read through every post since page 40 and have a few questions. Me and my US citizen spouse originally filed a NOS and got denied, even with the NOS provided, the funding led to the denial (Gov funding from the ECA... J-1 Visa as a government visitor; short term scholar). Someone mentioned in the comments that when a NOS gets denied and sponsor views were requested, do they not ask for sponsor views for a hardship waiver when it's filed after? Is this true?

I don't believe 601 would even be in play, just 601a since they are already here. The stress this has and is causing me is absurd.

We know this now, but put the trust in our attorney! He did not guide us well.

Yup correct! If we take the I-601a route, the 44 months for the approval is literally the longest period which is insane.

I thought I-601a would have to be filed while they are in the US (44 months with given time frame), once accepted, they return, spend their remaining time for the 2 year HRR (6 months in this case), then go through the process of green card in their home country consulate.

I see what you're seeing, but it's not feasible. The I-601a takes approximately 44 months - hence why the USCIS is in a lawsuit - then she would have to stay there for 6 months - then has to go through the green card process that will take 1-2 years there. Regardless 10 year ban or not - the "shortest route" in 7 years that a person throws away in their lives which in return, as a US citizen, gives me extreme hardship. Exactly, not feasible.

Yes we did this!

Nope. She is wanting to pursue her career in contracts such as mergers and acquisitions.

We got married about 31 days after her Esta expired and filed I-485 about 10-20 days after that.

No no, my wife is doing her bar exam here in the states. Since the I-485 process took forever (I-130 approved and biometrics done), we then had to go through the waiver process (took well over a year), so during that time, she decided to do her masters since she can't work. Sorry for the confusion, but my wife is taking the bar.

Our attorney. She's been here for over 2 years now.

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.

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?

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.

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!

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.

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.

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.?

Hi everyone, Does anyone have any experience or recommendations with a hardship waiver or suggestions for a married couple, one being a USC? Many thanks.

Update - Denied due to not favorable recommendation due to government funded Visa originally with 212(e) and DOS unfavorable recommendation. Now looking for alternatives. Any suggestions would be greatly appreciated! (Also looking into I-612 and 601(a)).

Hi everyone, Long story short, I'm starting to realize that our attorney - recommended by several friends - may have been incompetent. My wife and I got married almost 2 years ago here in the states (I am a US Citizen). We got married rather quickly, but 30 days after her visa expired. She originally came on a government sponsored visa with section 212(e), but still filed for I-485, but got denied (yet still got approved the I-130 for marriage). Since her visa has long gone expired, we filed a I-612 and the DOS came a not favorable recommendation - then USCIS denied the I-612 filed under No Objection (5 week government funded visa originally) due to DOS recommendation. Now we are deciding what our next steps should be before we talk in depth with our attorney (or find search for another). Any suggestions on this without her leaving - she's finishing her masters here, bought a home, etc (no children). I came across I-612 and also the I-601/I-601a, but would love to hear some recommendations. We do not plan to apply for I-612 again under hardship as I think it will be a waste of time. Thank you all!

Sorry, which requirement? I understand we need the waiver and that's what the discussion is about.

Correct, I612 originally - after many months they asked for waiver.

Update - received a I-797C, Notice of Action for her case. Fingers crossed.