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When to file I-612? Help!!!

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  • When to file I-612? Help!!!

    I will soon file for adjustment of status through marriage with USC.
    I also need to file for the I-612 waiver. Can file everything at once or do I have to file and Obtain the waiver before applying for adjustment.
    Thank you for any information you can give me.

  • #2
    I will soon file for adjustment of status through marriage with USC.
    I also need to file for the I-612 waiver. Can file everything at once or do I have to file and Obtain the waiver before applying for adjustment.
    Thank you for any information you can give me.

    Comment


    • #3
      what's this waiver for ?? and who told you you need one ??
      If you need one only the INS should say so and then you will have to submitt it with yr AOS..

      Comment


      • #4
        The I-612 is an application for waiver of the foreign residence requirement. I used to hold a J-1 visa. It is required that you return to your country for two years consecutively after your visa expires. And I did not return.
        Maybe your right I may not need to apply for the waiver until I'm asked to do so. Can someone shed some light on this issue?

        Comment


        • #5
          You should apply for AOS. If and when INS makes some point about your J Visa then you can file Waiver. Do not initiate by yourself.
          Good luck.

          Comment


          • #6
            Even if you are married to a USC, you may have a hard time adjusting your status. You need to hire a lawyer because your case is very complicated. How long have you been out of status? Are you not on removal yet?

            There are five statutory bases upon which you can apply for a waiver of the two-year foreign residence requirement:


            a no objection statement from your host government,

            a request from an interested U.S. Government agency on your behalf,

            a claim that you will be persecuted if you return to your country of residence,

            a claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your country of residence, and

            a request by a designated State health agency or its equivalent.

            Which of these is your intention? Are you gonna file your AOS because of exceptional hardship to your USC spouse? If so, you need a seasoned lawyer who is experienced in this area.Remember you can't use exceptional hardship together with fear of persecution at the same time. These are not entertwined, if you go for plan A stick with plan A, don't intermingle the two because those are filed separately.They might pressure you for voluntary departure, with this you waive your right for a judicial hearing.And if you have VD I think you have to go or else or they will detain you and eventually deport you.This will totally ruin your life and your career. Goodluck. We are not immigration lawyers, I only advice based on what I know but I have some facts to back me up. I advice you to get a lawyer.

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            • #7
              First should I engage the waiver on my own or should wait for the INS instruction?

              Right now I'm about to file for AOS. And one of the questions on the form is as follows:" Have you been a J immigrant exchange visitor who was subject to the two-year foreign residence requirement and not yet complied with that requirement or obtained a waiver?" Yes or No.
              By answering "Yes", I could be saying Yes I have not yet complied or Yes I have obtained a waiver.
              And leads me to believe that I might be given an option during the interview.

              In any case, if I filed for the waiver I would use exceptional hardship to my USC husband.

              Any comments?

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