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Results 1 to 10 of 10

Thread: i don't know what to do anymore

  1. #1
    my fiancee and I had planned to get married October 15, 2004. We have our license and were set to be married. That is to I find out the
    J-1 visa 2 year restriction, this presents a big problem. She is from China, I myself cannot read or write...and scarcely understand the language, living there I would be nothing but a burden to her. I have a great job here and she has agreed to drop her school (she is an exchange student studying finacee) in order to live here with me. If she had any visa but the J-1 it seems it would be no problem. Once her study is up, that's it other than a few visits for 2 years. I need some advice on how to overcome the j-1 visa. Please, i am at my wits end, i feel this could ruin our lives.

  2. #2
    my fiancee and I had planned to get married October 15, 2004. We have our license and were set to be married. That is to I find out the
    J-1 visa 2 year restriction, this presents a big problem. She is from China, I myself cannot read or write...and scarcely understand the language, living there I would be nothing but a burden to her. I have a great job here and she has agreed to drop her school (she is an exchange student studying finacee) in order to live here with me. If she had any visa but the J-1 it seems it would be no problem. Once her study is up, that's it other than a few visits for 2 years. I need some advice on how to overcome the j-1 visa. Please, i am at my wits end, i feel this could ruin our lives.

  3. #3
    Have you determined that she has the 2-year home rule associated with her J-1 or are you assuming she does?

    You can file for a waiver if you can justify it.

    http://www.travel.state.gov/visa/tem...o_waivers.html

  4. #4
    To be honest i had no idea that someone could have a j-1 and it not be associated with the two year rule. Her school her is on the list of training that the 2 year rule applies too.
    I was wondering if she were to quit her school there, would that remove the two year attachment. Or am I better off to quit my job and move to China?

  5. #5
    If you move to China, beware of cat and dog meat.
    Formerly Josephine Schmo

  6. #6
    Jo is trying to find a fight anywhere, here or on her wall

  7. #7
    Injoy, what is your problem, I was giving good advice.

    You are Instress again?
    Formerly Josephine Schmo

  8. #8
    i was seriously hoping for advice..not stupidity

  9. #9
    Two years Residency requirement can be overcome with waiver. Two years is not a big deal either. Worse thae worse if the requirement stays and she has to leave to china, you can stay here and visit china often to be with your wife.. see another culture...
    Two years residency period will not be droped if she quit but she have to leave OR will be overstay. If over stay still she need waiver.
    Its a discussion, not a legal advise..

  10. #10
    What is the HRR?

    Under section 212(e) of the Immigration and Nationality Act, certain J-1 holders are required to return to the home country for two years before being eligible to obtain green card status or H1B status. Persons in J-1 status, if subject to the two-year HRR, are not eligible to change or adjust their status from within the U.S. (other than to A or G status) until the two-year requirement is met or waived. These individuals may obtain approval in a category other than H1B, such as O-1, E-1, etc., but instead of changing status from within the U.S. they have to exit and apply for the visa at a consulate.

    Who is Subject to the Requirement?

    The HRR applies in the following situations :

    a) if either the U.S. or the home country's government provided financial support for the person's J-1 program;

    b) if the person's field of endeavor appears on the "skills list" (list of fields in which experts are critically needed) for his/her country; or

    c) if the J-1 was obtained for the purpose of graduate medical training, typically a residency or fellowship.

    How to be Certain Whether One is Subject to the HRR

    An applicant may know that one of the three situations listed above applies to his or her circumstance. However, there are many who are not sure. It is a good idea to check with the program sponsor to clarify whether there was any government funding involved and to consult the skills list issued by the U.S. Department of State (DOS), which is a publicly available document. Usually the information on the Certificate of Eligibility, Form IAP-66, is the most reliable indication of the applicability of 212(e). There is a special place on the IAP-66 to indicate whether a person is subject to the HRR but often that section of the form is blank or illegible. The J-1 visa stamp itself should also have a notation that the "Bearer is subject to 212(e)" or "Bearer is not subject to 212(e)." However, these visa notations are often incorrect sometimes the consulate issues a visa indicating a person is subject to the HRR when, in fact, there is no legal basis for such a determination.

    If it appears that, based upon the three above-listed criteria, a person should not be subject to the requirement but the visa indicates that the "bearer is subject to 212(e)," it may be possible to obtain confirmation from the DOS. There is a procedure to submit a detailed letter to DOS requesting an official opinion based upon the particular person's file. If the opinion states that the HRR does not apply, then the person would show a copy of that letter in lieu of a waiver approval whenever needed, when applying for an H1B or adjustment of status to permanent residence, for example.

    Going Abroad to Comply with the HRR

    If it is clear that one is subject to the HRR, the first option, of course, is to comply with the requirement by spending two years in the country of last residence. Note that it is not just a matter of being outside the U.S. to meet this requirement. Rather, in order to satisfy the HRR, one must be in the country of last residence. We have been asked, for example, whether a person who came as a J-1 from India and later obtained Canadian permanent resident status could comply with the HRR by going to Canada. The answer is, "No."

    Obtaining a Waiver

    An alternative to the HRR may be to obtain a waiver. There are several types of waivers and some are easier than others. The simplest type of waiver is based upon a statement of "No Objection" from the home country government. The applicant would generally initiate the waiver process by contacting his/her country's consulate in the U.S. After obtaining the required letter/s, there are DOS forms to complete for the waiver. Applicants typically handle this type of waiver without an attorney, though, of course, they can choose to hire an attorney if they prefer.

    Sometimes, however, the home country's government does object. Furthermore, the "No Objection" waiver is not available to those in graduate medical education / training programs. Thus, many people must look to other options.

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