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  • Confused about the spouse visa

    Hi,

    I'm here with a visa J-1 that will expire on July 13th. I married an American citizen (we've been engaged for 11 months). Last year we contacted a lawyer to help us decide what to do, his advice was to apply for a Waiver of the 2-year foreign residence under No Objection reason(this is what the exchange visitor visa requires), than to get married and apply for the GC. Things didn't work out, my waiver was denied, my contract is terminated and we don't know what to do. Should I go home and apply for a spouse visa? I have a month left to stay here and I don't want to overstay .

    Please, somebody help me. Thanks.

  • #2
    Hi,

    I'm here with a visa J-1 that will expire on July 13th. I married an American citizen (we've been engaged for 11 months). Last year we contacted a lawyer to help us decide what to do, his advice was to apply for a Waiver of the 2-year foreign residence under No Objection reason(this is what the exchange visitor visa requires), than to get married and apply for the GC. Things didn't work out, my waiver was denied, my contract is terminated and we don't know what to do. Should I go home and apply for a spouse visa? I have a month left to stay here and I don't want to overstay .

    Please, somebody help me. Thanks.

    Comment


    • #3
      Hi so confused,

      So sorry about your situation. Did your lawyer consider a hardship waiver? It is not an easy case to put together and prove, because you have to prove that your leaving your USC here and bringing him along in your country for two years will impose extreme hardship on your USC (due to his medical condition and inadequate health care in your country; loss of income because USC does not know your native language; inability to support two households if you will be the only working spouse there; political situation in your country... The most difficult situation is if you are an MD who has come for professional training here, but it is not impossible. If you file it prior to your visa expiring, you might have few months to over a year to get an answer from DS and INS (as it was in my case). And if it is in your plans, you might have a USC child by then, whom you will add to you hardship waiver. Try to contact another lawyer who works with I-612 in particular.

      I had filed for a hardship waiver in Sept. 2001, then in Sept. 2003 immigration officer had filed Advisory Opinion letter on my behalf, and in Dec. 2003 I finally got Not a Subject letter.

      If you need more info, I can give you some links. If you already eliminated this option, I don't know what else to do at this point. But there are very knowledgeable people here; you will get the best advice.

      Best of luck to both of you!!

      Comment


      • #4
        Thanks, Lana, but I think the hardship is out of question. We just got married few days ago. We could have done this last year, but we waited like two fools, because our lawyer told us that it won't be a problem with the waiver. I am not an MD, I'm a teacher. My concern is about this waiver denial, if it will affect my application for a K3 visa. I plan to return home, to Romania and follow all the legal steps. Whatever these steps are.

        Thanks again.

        Comment


        • #5
          Did you try to appeal? Your situation did change - you got married to USC.

          http://uscis.gov/graphics/howdoi/exchvisit.htm

          http://www.hooyou.com/j-1/j1_waiver.html - they seem to specialize in waivers. Maybe you can get over the phone consultation.

          http://www.fan-law.com/processCTRs.c...guage=1&CTR=CA

          http://britishexpats.com/forum/searc...by=&sortorder=

          http://britishexpats.com/forum/showt...year+residence
          Take care! Hope it works out.

          Comment


          • #6
            Lana, I need more info about the hardship, what it should be written in the statement, everything you can tell me would help. I will try to do it myself or maybe you know a lawyer who has experience in I 612. My ex-lawyer didn't even return my calls.

            Thanks a lot

            Comment


            • #7
              Hi so confused,

              http://www.usvisainfo.com/object/pdf...hip_waiver.pdf
              check question 5 as an option; on page 5 they give you the points you need to emphasize in the waiver. Usually, serious medical condition of USC is a very strong argument, plus if level of medical services in your country is unacceptable for providing adequate help in his condition (unfortunately, that was our situation). I had a letter from my husband's cardiologist.

              I used consular information -

              http://travel.state.gov/belarus.html to prove the economical situation and lack of adequate medical facilities.

              http://travel.state.gov/romania.html

              Try to talk to some of the lawyers from these sites, because they insist they can handle your case even if they're in different state. I did not use a lawyer. I researched on Internet anything about waivers, hardship cases. I might have some info I can fax to you, if necessary. I deleted most of them after I got it done, but please check whatever I have left.

              http://www.twmlaw.com/resources/noni...rant12cont.htm - NY

              http://britishexpats.com/arch/31/2001/12/55653
              http://frwebgate.access.gpo.gov/cgi-...1999&TYPE=TEXT


              Let me know if you have any questions.

              Good luck!!!

              Comment


              • #8
                even hardship waivers are difficult to get. One of my friends was waiting for hers for 7 years.

                The denial will not affect your spousal visa, although you won't be able to get it until your two year sentence at home is over.

                Lawyers are pretty useless, they are very incompetent, I know this from my two friends' cases. I did everything without a lawyer.
                If you have good writing skills, you will be better off by yourself.
                Good luck!

                by the way, you will most likely be denied anyway, because you are still on your visa and no time has passed between your training program and application for a waiver.

                I know lots of people who had to go back and fulfil the two years.

                What is the basis for your being a subject, anyway?

                By the way, lana, I got my favorable recommendation.

                Comment


                • #9
                  Congratulations, Lucy!!!!!
                  I am so happy for you! That's a reason to celebrate! Hope your interview will come soon and you can go see your mom.



                  So confused,
                  You still have few weeks to make up your mind. If you tried and it did not work out, at least you know you did everything possible. And there is a chance you can win it. Don't give up, yet. Best of luck!!!

                  Comment


                  • #10
                    Lucy, congratulations! And thanks.
                    Lana, I think I will follow your advice, I'm a nervous wreck though, everything seems to go wrong.I checked the websites you wrote me about, it is really hard to get a hardship waiver, my husband doesn't have a serious medical condition, his parents have big heart problems. I don't know if this is a reason good enough. On the other way, we have to show the hardship for my husband if he stays here alone or if he comes to Romania. I don't know what lawyer to contact, I don't trust them anymore after our lawyer avoided us. We had to go and knock on his door. So I guess I'll try to do it myself. Thanks again for the info.

                    Comment


                    • #11
                      Do your husband's parents live with you? If your husband is the only caretaker for them, you may obtain letter from their cardiologist, stating their diagnosis and that he is the only caregiver. If this is the case, then it is one of the reasons he has to stay here. Then, he will loose his position, his career will be interrupted if he goes to Romania. I also wonder if your USC can ask for help from a Congressman.

                      I enclosed in a package my affidavit stating my name, COB, DOB, education, obtaining J-1 visa, my program, describing my arrival to US, my program completion, in your case - meeting unexpectedly your true love and getting married; your denied waiver, then describe the situation and circumstances of hardship for your USC husband. You can add that you are planning to have a baby, if you are. Then you need affidavit from your husband, describing his work and family situation, all the hardships in details, and asking kindly to process your waiver.

                      Somebody recommended a site that is moderated by an immigration attorney. You may want to post there and see what she says. She typically responds to posts daily. Here is a link:

                      www.xsorbit6.com/users/immigration/index.cgi



                      Calm down, do what has to be done.

                      I hope it works out for you!

                      Comment

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