nmanc33

I may have a misunderstanding about the No Objection of your comment, but the way I have understood it is that a No Objection statement from her home country practially means that she is still a resident of her own country, regardless of how many times she's left the country - She owns a home there, pays taxes there, etc. If she were to travel every day to her neighboring country to work and come back every night or take a 3 day vacation, it would mean that her cumulative days wouldn't add up? (Which makes no sense).

She's finishing her Masters in the US now.

Correct! USCIS interview was waived after sufficient evidence that we were married for the right reasons. After her medical exam, etc, they suddenly said they need a j1 waiver - for this reason was originally denied. Applied j1 waiver under no objection - her home country sent a letter with no object to her staying outside of the country during the 2 year period - Although she is still a resident of her own country, but has been living in the US since we got married. The 2 year rule is also cumulative to my understanding - you can leave, then when you go back it keeps adding to the number. She was maybe 6 months short as a whole, but I would think the no objection statement from her home country would somewhat, to a degree, override that? Now we're just waiting for the mail from USCIS to see the reason. I know it's rare, but isn't it possible to still have a favorable result from USCIS although the DOS doesn't give a favorable recommendation?

Thank you! I don't know all the forms that well, since our attorney and wife are handling it, but I'm already a US citizen if that changes anything!

Thank you both! The I-601 waiver would come after we appeal the current recommendation first, correct? Interesting thing about all of this is that when we first applied with USCIS, before they asked for a waiver, they didn't request an interview as we provided all evidence that we are married (hundreds of pages with photos of us together traveling, etc.). The process is very interesting and requires patience.

Thank you for the explanation! I believe I understand. Her US gov funded j1 waiver was 5 weeks total and I believe the cost was around $5000 they provided - Not a multi month program. I guess my confusion comes from the HRR part, although she was here later on a visa, and we got married here in the US prior to her visa expiring and has lived here since, is the confusing part. I get the home country rule, that at the same time her country sent the no objection statement, with no objection. So at this point, until we receive the letter to see why exactly it was not favorable, is it safe to somewhat assume that it is because the US government program funded her original visa? Afterwards, she only traveled with an ESTA. I also know I'm reading too much into this, I just never imagined they may possibly want her to go back for 2 years, after being married here for 2 years with a life, home and kids to come.

The J1 was US government funded. The HHR comment - Is that the same thing as the No Objection Statement that her home country sent?

Hi Everyone, Long story short, have been married for almost 2 years now in the US (we got married in the US), applied for adjustment of status with USICS, after a few months, they said they needed a j1 waiver opinion from state department and "No Objection statement". My wife's country send a "no object statement" to the department favoring my wife as staying her period in her own country, but got a decision today for "not favorable recommendation" from the j1 waiver portal. Does anyone have any experience with this? We are still waiting for the mail to see the reason for the decision by the State Department, although her home country sent a favorable/positive No Objection Statement. Regardless, is it still possible to get her adjustment of status from USCIS even though the State Department doesn't favor it? If more info is needed, please ask! Many thanks for your responses and experience. Side Note - Sorry if this is in the wrong section!