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Found 9 results

  1. Hi, I am looking for advice on the next step in my wife and I's green card odyssey/debacle. I am from Ireland originally. Timeline: 2013-2019: 6 years on J1 visa (5 years general surgery, 1 year bariatric/foregut fellowship, board certified in gen surg) 2018: multiple failed Conrad 30 applications (I am a fellowship-trained surgeon) Early 2019: Spoke with immigration attorney, advised we might have a hardship case for a waiver of the two-year rule. Time was running short as my fellowship was ending July 2019 and with it my J1. April 2019: DS3035, I612 and I130 submitted (concurrent filing of J1 hardship waiver application and I130 spousal petition) May 2019: documents received August 2019: left the country within 30 days of J1 ending December 2019: received I-797 notifying us I130 spousal petition was approved Jan 7th 2020: I612 + I613 received by DOS from USCIS (no RFEs thus far) April 23rd 2020: DOS favorable recommendation (no RFEs!) Currently waiting for USCIS to give final approval for I612/613, pending any RFEs Our attorney outlined two options to now proceed and get the green card; 1. Apply from outside the US (which is where we currently are). Apparently we now have to file an I-824 for action on a previously approved application?? And then proceed with consular processing through the consulate in Dublin? 2. Return to the US on a 90d VWP tourist visa, overstay it and concurrently send in I485 and I765. Then sit around twiddling my thumbs for another few months. Issues: Option 1; why do I need to file an I-824? why doesn't my I130 just proceed to the NVC and get in line there where I submit my DS-260 etc.? The processing time for an I-824 is 6.5-15 months which is NOT in our plan. Option 2; overstaying a 90d visa does NOT seem like a good option. Surely this would be looked upon very unfavourably by USCIS?? Quote from our attorney "because your adjustment of status would be based on your marriage to a U.S. citizen, such an overstay does not count against you". Has anyone else done this or heard of anyone else doing it? Would really appreciate the collective wisdom.
  2. Hi! I wanted to ask if there are any Filipinos on here that were/are on the J1 visa who received a No Objection Statement / Waiver from the government. Also, if anyone received that waiver with marriage to a US Citizen as a basis (if that makes sense?). It’s my first time posting in any forum and I appreciate anyone and everyone who shares their experience. Thank you again!
  3. hi, i was an Aupair for almost two years in the states and just read through the nvc page, category: required civil documents. i might need a police clearance letter from the states but where do i get one of these? Maybe there is someone from Germany here which had gone through the same and could help me out or knows about this ? i was texting the consulate but they literally just sent me a document with the exact same answer as on the nvc page. Please ask for any further information, of which state etc. i dont know if that is needed! also i am about to send a form which is called J Visa Advisory Opinion Application to see if i am eligible for the 212(e) - Subject to the two year residence requirement. Anyone experience with it?
  4. Hi, I am in a little bit of a messy situation. I am a graduate student in Ireland. This summer I have visited UC Davis for three months with a J1 visa. I received partial funding from Ireland, however I am not an Irish citizen. Now I got a postdoc employment offer and I need an H1B visa. I was advised by employer (Penn State) to request an Advisory Opinion from the US State Department, to determine if the consular officer made his 212(e) judgement in error. Since my funding came from the Republic of Ireland should not have been entered into SEVIS as “Home Government Funding,” and therefore should not have subjected to 212(e). Is this the right way to go? If I apply for a waiver I need to get No Objection Statement from my home country (Bosnia and Herzegovina). I have not resided in Bosnia in the last 7 years and they have nothing to do with my funding. I have filled in the application tor the Advisory opinion. I was wondering if it is advisable to amend the accompanying self-generated letter to explain my situation, and attach a few documents? I was not able to input the I-9 number because it contains a letter and the system would not allow me. What should I do? Best, Mladen
  5. Hello, I submitted my DS260 in October of 2019 under the F4 Category (my Uncle is a US Citizen and I am a dependent of my father). This month, I got an offer to work as an intern for a tech company in California, that would require me to obtain a J1 visa. I am still an undergraduate student and am planning on returning to Canada to resume my studies after my 4 month internship, which can be easily proved. I have no intentions of adjusting status, and want to do consular processing in Montreal later in 2020. Our immigration lawyer projects that the consular interview date in Montreal for our Green Cards will be scheduled late February, which will already be 2 months into the internship. My question is, is it still possible to obtain a J1 visa after having filed a DS260, on the basis that I am a student wanting to return to my home university in Canada in order to finish my degree? Has anyone ever received a nonimmigrant visa after submitting a DS260?
  6. I am currently finishing a J1 exchange program. My visa expires on October 1st 2019 and I have a 30 days grace period before having to leave the US. I am planning on spending some time in the US and then leave to go to Mexico on October 20th. My question is, I’ll have to re-enter the US after Mexico to take a flight back to Europe on November 5th. Can I apply for an ESTA while in Mexico I (staying 7 days) to be able to re-enter the US for a couple days as my J1 visa will expire the moment I leave the US? (Knowing I don’t have the 2 year home residency requirement). Can I apply before even going to Mexico or having my J1 expire? Thank you
  7. I am currently finishing a J1 exchange program. My visa expires on October 1st 2019 and I have a 30 days grace period before having to leave the US. I am planning on spending some time in the US and then leave to go to Mexico on October 20th. My question is, I’ll have to re-enter the US after Mexico to take a flight back to Europe on November 5th. Can I apply for an ESTA while in Mexico I (staying 7 days) to be able to re-enter the US for a couple days as my J1 visa will expire the moment I leave the US? (Knowing I don’t have the 2 year home residency requirement). Can I apply before even going to Mexico or having my J1 expire? Thank you
  8. Hi, I've been nominated by the US embassy for the 3-week IVLP program. I just found out that I am 5 weeks pregnant. By the time the program starts, I will have 25 weeks app, would it be a reason to deny the program or visa? For me, if there are no problems with pregnancy health I would like to participate in the program...
  9. Hi, I'm getting confused to when I need to purchase my health insurance. My official visa interview is next week and I'm worried I'm meant to have proof of health insurance at that interview. I know I need proof for my university that I have health insurance for the length of my visa stay but they said I have 30 days to enroll once I arrive in the country on my J1. So do I need health insurance proof BEFORE or AFTER I enter the country? If the answer is AFTER, how long do I have to enroll in a insurance package.
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