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Found 54 results

  1. Hi, Here is my time line for J1 2 years rule waiver ! My case was based on No Objection Statement. 12/28/2017 : sent my document to DOS and Consulate. 01/02/2018 : Consulate received my document (USPS Tracking check) 01/03/2018 : DOS received my document (USPS Tracking check) 01/16/2018 : 'All document was received' Updated on DOS website 01/23/2018 : Consulate sent my No Objection Statement to Embassy 01/30/2018 : Embassy sent my No Objection Statement to DOS 02/06/2018 : 'No Objection Statement was received' Updated on DOS website 02/15/2018 : DOS sent Recommendation to USCIS 02/20/2018 : My lawyer received Recommendation letter from DOS 02/20/2018 : USCIS received my document 03/05/2018 : My lawyer received I-797C (Notice date : 02/23/2018) 03/08/2018 : J-1 WAIVER WAS APPROVED 03/12/2018 : My lawyer received I-797 (Notice date : 03/08/2018) USCIS website is still showing that my case status is 'Case was received At Another USCIS Office'
  2. Hello everyone! I am J1 physician, finishing medical residency in June 2019, after that J1 status via ECFMG expires (+30 day grace period) I am transitioning to Fellowship, so should get J1 extension for another year. Currently applying for J1 Hardship Waiver through US citizen spouse, Sent in my waiver packed around September/October 2018 USCIS received documents on November 9 and sent me the receipt with receipt number DOS received documents on November 23. No updates since then. California Service center states processing time 12-18 months for applications received in August 2017. When I go to USCIS website to check the case status, they say that receipt number does not exist. Calling USCIS - they assure me that the case is pending, but it takes a long time to even update their website. You, veterans of VJ, please untangle my confusion and shed some light on the situation, where am I currently at and how long till I hear anything else from USCIS/DOS Thank you so much!
  3. Catherine2019

    J1 Hardship

    Hi everyone, anyone applied for the I-612, hardship? The receipt date is 10/27/2018 and I still can find nothing on the USCIS website. Anyone has good news about the hardship? Thank you.
  4. Hi! I wonder whether one can apply for a F1 visa (to study in the US) while being subject of the 2 year rule due to J1 visa? My 2 year rule will end next year (in March) however I wanted to apply for university in the US for the fall coming semester, which would mean I have still around 7-8 months left on the 2-YEAR home residence requirement. I am confused because I have called the embassy and they do not seem to know neither, a student organization I spoke to said it should be no problem as long as I'm not applying for another J1 visa or work in the states during this time. However, they were not sure, seems like no one really knows. Has anyone applied for a student visa while being subject of the 2 year rule? Did it go through? I would love to know before I spend the money on application and visa process.. NOTE: The reason I became subject of the 2 year rule is due to my J1 visa I received last year due to an internship that lasted for 3 months. The two-year rule in my case is based on : Government financing (since I was a student at the moment) Thanks in advance
  5. Hi all, I'm applying for a j1 waiver on basis of No-Objection Certificate and sent all documents last December. The package has received on 20/DEC/2018 by DoS according to UPS tracking. Today is 16/JAN/2019 and my case number is not yet in their system (case number not found on https://j1visawaiverstatus.state.gov). The embassy of my country already sent the NOC and nothing changed in the system as well. Any of you know if govt shutdown is having any influence on waiver processing? Thanks
  6. Hello Everyone, I think I'm facing major problem dealing with AOS based on Approved Vawa. and just looking to see if anyone have had such similar experience. March 2006: I was attending school third year with 2 more semesters to graduate. I Applied for J1 to the US (Summer Work and Travel). June 2006: I did interview at the consular and got approved Aug 2006: Received the stamp on the passport to Travel (It was weird to take 2 months to print stamp on it) and I left to my destination. I arrived in NY, my Job offer was at a different state, asked the officer if I could work here, he assured it alright and proceeded to admit me (10 mins max to enter the state with no issues at the airport or secondary). They issued my visa for a month and half only. Sep 2006: I found a job in CA and went to it, started there and as of today, still at the same job!, I got my social, drivers license... and practically lived there, Paying my Due Taxes, Opened my own business on the side and all good. Time passed by, I met my ex wife and got married in 2009 May 2009: Got married shortly after started having problems and so on, she refused to Petition me for immigration. Nov 2009: Separated, We found out she was pregnant, tried to work it out but no luck Jan 2010: Ex Wife Filed Divorce, Restraining order claiming she is scared, judge granted it 1 year knowing it was not right. July 2010: My Son Was born (i was present on her request even through there RO), filed request for custody Oct 2010: Custody hearing, I Got custody of my son. 50/50 Dec 2010: we started dating again Jan 2010: moved in back together, 3 months after started having issued again, i found out she was on anxiety pills..etc that causing here to be so angry mostly if she don't keep up the medication which she didnt. April 2010: we had major issue, and big fights, I filed for R.O and I was granted 1 year. Proceeded with Divorce. she moved out, back to regular custody plan 50/50 May 2011: filed for Vawa. I485, EAD - Received EAD Aug 2011: Divorced finalized Jan 2013: Vawa was denied May 2013: I was placed in removal proceedings Aug 2013: I filed another VAWA with More Evidence. Jan 2014: Vawa Approved, I-485 Sent to Local Office Feb 2014: Removal Proceedings Terminated to Adjust Status. April 2014: AOS Interview Notice for June June 2014: Attended the Interview with my Lawyer. The IO was so focused on denying based on any reason,he didn't even ask for the medical which i had on hand, didnt ask for any documents. He asked about Divorce even though my lawyer said he have no right to ask because already out of his authority or something, i still answered. he kept going back and fourth about me knowing that I will come to have that job and I just used J1 as method to come to the US. Even though I never knew the company but he alleged that i must have arranged it before i come. I explained to him i was living and finishing school, i made a mistake when i was young that I overstayed and my attention was not to just come and stay. however, he repeated same question like 18 times in different ways which made me feel like he was trying to trick me to say that I did, and eventually my lawyer told him this is interrogation not an interview you keep repeating same thing for like 1 hour straight, and asked to have things in writing (it was not recorded) which we did , he asks a question in writing and I answer in writing in the immigration office which i never heard an officer doing that . (according to my lawyer he just didnt like me, and anyone could see that very clear ) July 2014: received RFE to file waiver for Fraud/Misrepresentation based on not attending the original job that i was supposed to go to. or it will be denied on Sep 2014. My question is the officer assumed something that is not correct and made his decision, my lawyer said filing waiver is admitting fraud which i never attend because it was not the case, accordingly to immigration rules having a child that i Raised and cant take with me (I pay child support on time, and my taxes all good and paid since i stepped in this country) , child is NOT considered immediate relative for extreme hardship waiver,on the other hand, not filing waiver will place me in court system for removal, and I can see a judge and fight the point that the offices made his decision according to his thoughts not a single fact, he didn't ask for any proof or any paper or anything, when i went into the interview he was not interviewing he was finding a way to deny it. anyone had such an experience? and if you did how did it go?
  7. Howdy all - I've scoured every possible K1+J1 visa thread I could find and none of the advice/answers really fit our situation. So we are USC (me) and fiance (Irish citizen/Canadian PR) at the "waiting to book K1 visa interview" stage at the Montreal consulate. I still am not even clear if previous J1 visas come up at the K1 interview, or the AOS stage but I know they come up (hopefully this is the best thread to post in). We marked that he had a J1 visa on the DS-160, but we had no other information to include. I'm a bit (probably way overly) paranoid about this causing issues as we keep moving forward so here is our situation: 1. Fiance had a J1 visa through a private company meant for collage students, good for 3 months, in the summer of 2009. He came to the U.S. and had to immediately leave 3 days later for a family emergency and did not return to the U.S. (not sure if this even matters other than he definitely did not overstay...) 2. This visa was in his old Irish passport which expired in 2010 and is loooonnngggg gone, lost af, probably shredded in some Irish landfill as I'm guessing he probably didn't think in 2019 he'd be applying for a K1. No passport, equals no record of the J1 visa in our possession. 3. We have no idea if he was subject to the 2 year HRR. We can't look at the visa because we don't have the passport, and we can't get an electronic I-94 because we don't know the passport # - His memory says that he was at home in Ireland for a total of 30 months before moving to Canada where he has been since 2013 but we have no clue how to prove it. 4. We have no copies of the DS-2019; the company he got the visa from also does not have record of it. Now here we are 10 years later heading for a K1 trying to figure out how to deal with this J1. Will the interviewing officers have access to all of this info and be able to confirm he didn't abuse the J1 and/or any 2 year HRR rules? Will they force us to produce our own proof? Would it come up at the K1 visa interview or only at AOS interview? We have FOIAed Dept of State for the DS-2019 but they responded that we needed to go to USCIS. FOIA website says J1 visa info needs to go to ICE so we have forwarded the same request originally sent to DoS to both USCIS and ICE. Maybe they will send us all we need but I still can't sleep until I'm doing every possible thing to prevent this causing issues. Any advice/ideas/clarification would be very helpful, thanks in advance.
  8. Hi everyone! I got a J1 with the years home requirement, my fiance which is an American and I are ready to send all the documents to uscis to start our process but we are worried because my time will be up till December. could they deny our petition because of that or the time just count till the interview day? I really appreciate if you guys have advice about his. thanks Sully
  9. jaeuzu

    JURISDICTION (merged)

    what does this mean? should i leave the country at january 5?
  10. Is it true that J1 applicants will no longer be able to file for federal tax refund? There have been rumours but I couldn't find any official source that states that.
  11. I am currently in the US on a j1 visa that expires on the 28th July 2019. My boyfriend and I want to get married and continue our lives here. What are the steps? How long does this take? When should we start paperwork in relation to my visa ending? Will I need to stop working? The 2-year Requirement does not apply to me. I am from Australia.
  12. Sara2018

    J1 waiver

    Has anyone applied for J1 visa waiver ( you had government funding and been approved? What did you use NO-OBJECTION LETTER? or Hardship waiver. I have an American spouse and child here, I looking for a good lawyer that can help my family stay together. Would I be able to change the visa to study visa without a waiver or visitors visa? Anyone had my experiences.
  13. Hello, I am a K1 holder. Soon I will be entering the US, marry my fiancé and apply for the Adjustment of Status. I am starting to gather all the documentation needed for the application. Although, I have a particular situation: I previously held a J1 visa that was subject to the 2-year foreign residence requirement. I have complied with the requirement, but I want to make sure the evidences I am providing to demonstrate so are in fact enough: - letters from my employer (only 1 of the two years though) - letter from my father saying I stayed at his house for 1 year - letter from a college where I was hosted for 10 months - letter from a friend whose apartment I was hosted for couple months - bank statements for the whole period showing that I was making purchases in my home country Unfortunately, during this period I never had an actual rental agreement because I was mostly hosted at places. Neither I had utility bills on my name. Also, I only worked for 1 of the 2 years. I really hope though the evidences I am providing are enough. Would this make it harder to get the AoS? and what about the Advance Parole? Thank you so much. Camilla
  14. jaeuzu

    J1 to B2 extension

    i’m a j1 and i applied for a tourist visa b2 and i haven’t recieve my letter if i’m approve or not . my question is does my 6months starts when i receive my approve letter or when my J1 expired and is it possible to apply for extension even i haven’t receive if i’m approve or not?
  15. Hi! I am in the process of assembling our I-129F and I am wondering whether I should include previous visas in the packet. I have previously been on both a J-1 and a J-2 visa, which means three of my previous addresses are from the US. Do I need to explain my addresses? One of which is my fiancés' address. I am terrified of getting an RFE, but I know that the USCIS also don't want to receive a whole bible worth of papers. If I were to include my previous visas, what documents do I include? DS-2019? I have searched and searched for information on this, but I haven't found anything. Surely someone has been in the same situation and knows what to do, so I'd be super duper thankful for advice from people who have been in a similar situation.
  16. Hi! Me and my fiance will be applying for a K1 visa in January. We have started filling out the I-129F, which has raised some concerns. We met while I was an exchange student at his high school in 2014. When I came back home to Sweden after my exchange year, my mom just landed a job at Vanderbilt in Nashville so me and my whole family moved back to the US. My mom held the J1 visa, and the rest of us were j2's. After two months of living in TN my youngest sister got very sick, so my family had to return to Sweden. I, however, stayed and moved in with my boyfriend. I never stayed overstayed the visa, I actually left several months before it ran out, but I have since learned that I should have left along with the J1-holder. Since this I have travelled back to the US many times without any issues and I have been issued an ESTA. We are however worried that me staying, after my mother left (even though I didn't overstay) might get our K1 denied. Has anyone been in a similiar situation? On one hand we believe that if my stay in the US would have been unlawful, I wouldn't have been given an ESTA and on the other hand we believe that this can get us denied,
  17. Hi folks, My girlfriend was recently denied a j1 visa for an internship. The reason was 214b (which is extremely vague). She is a citizen of Japan who would like to visit in the future. When would be a good time to apply for ESTA? I understand previous visa denials can impact an ESTA application, so I assume its good to wait a bit before trying. Thank you!
  18. Hello, I am from Myanmar.I was in U.S for nealy six months December 2017 - June 2018 (J1 by DOS sponsored exchange program). During that time, I've started dating my boyfriend and we are having LDRS at the moment. I would like to visit him and his family for a week during Christmas. I am final year in college and I am also employed at my family business as an english tutor as well as part-time language tutor/ engagement representative at a private tutoring service company. Within two years, I have visited Japan and four ASEAN countries (youth leadership program sponsored by Japanese Government) Yet I do not make a lot of money and my cousin (not a U.S resident) and my boyfriend would be taking care of some of my expenses. I am worried as "mentioning boyfriend" seems to perceive as a red flag, an immigration intent. I'll be only staying there a week, as I can't miss out my college for more than that. I have no intent to hide my relationship status with my boyfriend as he will be metioned as partial sponsor for my trip. Any tips for me? Thank you
  19. Hello, During 2014 and 2015, I spent around 15 months in Florida. i had a J1 non immigrant visa and I was studying at Florida Tech. Since I stayed outside my homecountry over a year do I need a police report from FL, even when I was possessing a non immigrant visa? Thanks!
  20. Hello, We have officially received our NOA2, and recently the consulate from Rio emailed us and said we can now schedule our interview and medical exam. However, on the website there are only TWO dates offered: November 21st and November 28th. My fiancé's two year home residency requirement will be fulfilled on November 30th. Our original plan was to wait until December to avoid any sort of conflict, but there is only two options for the interview! Our question is, do we schedule the interview anyway? Can the consulate wait to issue the visa until the 30th? We don't want to be denied because we went to an interview two days before the home residency requirement (HRR) was fulfilled. We've been very straightforward about this in all of our paperwork by explicitly stating the dates the HRR would be fulfilled and that we would go to the interview after Nov. 30th. However, this isn't an option at this point. I also wanted to let other Brazilian applicants know that there will be VERY limited options for dates and times to schedule your interview. Thanks for any and all feedback!
  21. Hello everyone, So I entered the US on a J1 in 2013 with a 2 year home residency requirement. I then came back to US on an F1. During that time since my J1 expired I have spent 2 years in my country (on and off) and married a citizen last year (met in US but got married in my country). I now want to apply for AOS to a green card. How do I go about proving the 2 years. I have stamps on my passport, ticket reservations , can get an HR letter for 1 year of work at least and can get a formal letter from my home country governement of dates entering and exiting country. Is this enough? Second question, what is considered significant stay. I used to come in and out country often for work (staying two weeks and some times less). So those count? Finally, while waiting on AOS application, can I still maintian my F1 status? Thanks in advance!
  22. Hello! I came to the states to work in a camp for children with a J1 Visa. My visa has been shut down after leaving the camp and now I'm spending my 30 day grace period as a tourist. I'm in a really bad financial status, so I need money. However I can't take work legally. I don't have paper so usually places dont even have the chance to hire me. But there are options, like training periods, to work and get paid through my SSC# number without needing the visa. As far as I know this is illegal too. My concern is that are these payments going to be linked to my profile? Am I getting into any trouble in the future if I take some of these works? ( for example problem when flying home, getting banned from the states, etc). Thank you in advance for your help.
  23. Hi! I'm a J1 visa holder currently living in Colorado. I work in the fast food industry. My boyfriend is a US citizen and we moved in together after I arrived here, which is at the beginning of June. We plan to get married as soon as possible and apply for an Adjustment of Status (the I-485 form). The two year rule does not apply to me. My contract with the company I work for ends on September 30th and I can stay in the US legally for another month, so until October 30th. I have a couple of questions: 1. Do we have to get married before my contract ends or can we do that and file the I-485 form in October, after my contract ends? 2. Does he have to sponsor me or can I file it myself? 3. Do we have to file just the form or some other papers as well? (a dossier as proof of our relationship, proof of us living together, having a joint bank account, etc.) 4. I want to keep working as soon as possible and as per my research, I have to file an I-765 together with the I-485 form. Is this right? Also, does anybody know how long would it take to get this work permit? Thank you so much for your help!
  24. Hello, Just wondering if anyone have filed H1B while waiting for a waiver (from 2 years residency requirement for J1 visa). I have filled mine in May and they sent a request to provide visa waiver. I have received the letter from DOS on June 27th. Can I use that or should I wait for the final approval from USCIS? What is the timeline anyway? It says 1.5-6 months on the website but after reading the posts here, some are faster than others (a week) and some more than 6 months. I am nervous as my tenure-track position will start in the third week of Aug. Will I have it in time? Any advice?? Help!
  25. Hello guys, Last time I posted on this forum, you were very helpful in guiding me to the right path. I find myself in need of your help again. Does anyone know or can recommend an experienced psychologist to conduct a psychological evaluation for the hardship waiver in Massachusetts or the New England area? Thank you so much!