J-1 Visa, HRR, and Adjustment Of Status

[Randy W]

I'm sure you already know this, but for completeness sake, I'll mention that the other reasons (other than the No Objection Statement) call for you to also file the

I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)

with the USCIS, which carries the $585 fee.

 

Also, a misconception - the SS number that she has is hers for life, legal to use for any purpose (such as filing your income tax). It does NOT, however, convey Employment Authorization.

[Nate21224]

Update.

 

Follow the directions on both of these websites to put together your "J-1 waiver packets"

US Department Of State J-1 Waiver Website

Chinese Embassy J-1 Waiver Website

 

There are two packets associated with a No Objection Waiver. #1 gets mailed to the US department of state waiver review division. #2 gets mailed to the Chinese consulate that governs your state.

 

I am mailing Packet #2 today and I will be mailing Packet #1 tomorrow. The total filing fees for this will be $215 and that is to be included in Packet #1 as a money order or cashiers check.

 

It will most likely be at least a month until we hear anything after we mail these packets. By that time Huiying will be in her "30 day grace period". Now we wait...

[Nate21224]

Both packets have been mailed. Huiying called the Chinese Embassy today and talked to the person in charge of J1 waivers. They told her they want a copy of the reciept (i-797) for a green card application with the DOS before they will issue the no objection waiver. They said after they recieve the reciept then there should be no problem issueing a waiver. With out the (i-797) they will not approve the no objection waiver.

 

We have already mailed both packets and the money to the DOS. I think if we complete all of the forms for the green card and mail them with-in the next month we should recieve a reciept in time to forward it to the DOS and to the Chinese Embassy. I am worried however, that the DOS will see she is still subject to the J-1 HRR and just deny her green card application. I am also worried that even though the Chinese Embassy approves her waiver that the DOS will deny it. I have also heard that they will just review her case and request a copy of the j-1 hrr waiver and put her green card case on hold. I think we have the upper hand because of the DOS bad paperwork. Her DS-2019 says she is NOT SUBJECT to the 2YHRR and while her VISA says SUBJECT. This should cause enough confusion that they will just request a copy of the waiver instead of denying the green card. Or maybe its just wishful thinking. If all these time frames work out we should be able to:

 

1. File application for green card

2. Recieve reciept (i-797)

3. Forward (i-797) to DOS and Chinese Embassy

4. Recieve no objection statement

5. Recieve a request for more information for the Green Card application

6. Send No objection statement to DOS

 

It sounds like a lot to come together but, I have read on other forums this is the route most people have to go. A lawyer I've been working with said we can either go this route or stop everything we are doing and just file for an Exceptional Hardship Waiver. She would not suggest which route to take. She said it is up to us. Any suggestions? I know you all have more expierence dealing with adjusting status to recieve a green card.

[dnoblett]

Sounds like they want a copy of NOA-1 receipt letter from you filing an I-485, and I-130 to adjust status. Note You need to file both I-485 and I-130 together to adjust status.

 

DOS has nothing to do with the green-card, DOS only handles Visa applications and interviews at the US consulates abroad, you will be dealing with USCIS.

[warpedbored]

I asked my wife about this case. She was a lawyer in China. She said that usually the company your wife worked for who helped her get the visa would probably have to sign off on the waiver. Usually some money needs to change hands. My wife's brother was on a similar visa to England and the University that sent him there eliminated the position he would have had to work at when he came back. Some money changed hands and they signed off on it. He's a citizen of the UK now.

[Randy W]

Both packets have been mailed. Huiying called the Chinese Embassy today and talked to the person in charge of J1 waivers. They told her they want a copy of the reciept (i-797) for a green card application with the DOS before they will issue the no objection waiver. They said after they recieve the reciept then there should be no problem issueing a waiver. With out the (i-797) they will not approve the no objection waiver.

 

We have already mailed both packets and the money to the DOS. I think if we complete all of the forms for the green card and mail them with-in the next month we should recieve a reciept in time to forward it to the DOS and to the Chinese Embassy. I am worried however, that the DOS will see she is still subject to the J-1 HRR and just deny her green card application. I am also worried that even though the Chinese Embassy approves her waiver that the DOS will deny it. I have also heard that they will just review her case and request a copy of the j-1 hrr waiver and put her green card case on hold. I think we have the upper hand because of the DOS bad paperwork. Her DS-2019 says she is NOT SUBJECT to the 2YHRR and while her VISA says SUBJECT. This should cause enough confusion that they will just request a copy of the waiver instead of denying the green card. Or maybe its just wishful thinking. If all these time frames work out we should be able to:

 

1. File application for green card

2. Recieve reciept (i-797)

3. Forward (i-797) to DOS and Chinese Embassy

4. Recieve no objection statement

5. Recieve a request for more information for the Green Card application

6. Send No objection statement to DOS

 

It sounds like a lot to come together but, I have read on other forums this is the route most people have to go. A lawyer I've been working with said we can either go this route or stop everything we are doing and just file for an Exceptional Hardship Waiver. She would not suggest which route to take. She said it is up to us. Any suggestions? I know you all have more expierence dealing with adjusting status to recieve a green card.

 

 

Sounds like you're on the right track. Why would you want to worry? If the consulate okays the No Objection statement, you are home free on this.

 

The waiver, of course, will come from the Dept. of State - this is the whole key to what he is doing.

 

"She would not suggest which route to take." - I would suggest you not go with her.

 

 

I think we have the upper hand because of the DOS bad paperwork.

 

Forget you ever thought this.

 

 

I have also heard that they will just review her case and request a copy of the j-1 hrr waiver and put her green card case on hold.

 

Why would you see this as a problem?

Edited June 11, 2013 by Randy W (see edit history)

[Nate21224]

I asked my wife about this case. She was a lawyer in China. She said that usually the company your wife worked for who helped her get the visa would probably have to sign off on the waiver. Usually some money needs to change hands. My wife's brother was on a similar visa to England and the University that sent him there eliminated the position he would have had to work at when he came back. Some money changed hands and they signed off on it. He's a citizen of the UK now.

Thanks for that heads up. I think what happened in those cases is that the company paid for the individual to get the J-1 visa and ultimatly sponsered them. In Huiyings case she paid for everything with her own money and used the program set up in China to contact a company here in the USA to work for. Basically, she did not recieve any funding of any kind by anyone else but herself. I will ask her to contact her program director just to make sure though.

[Nate21224]

 

 

I have also heard that they will just review her case and request a copy of the j-1 hrr waiver and put her green card case on hold.

 

Why would you see this as a problem?

 

I do not see this as a problem. I am hoping this is what happens. Do they normally put a case on hold when they need more information or do they deny the application?

[Randy W]

 

 

 

I have also heard that they will just review her case and request a copy of the j-1 hrr waiver and put her green card case on hold.

 

Why would you see this as a problem?

 

I do not see this as a problem. I am hoping this is what happens. Do they normally put a case on hold when they need more information or do they deny the application?

 

 

 

An RFE - Request for Evidence - is standard operating procedure - and very common.

 

If the normal process is to file for AOS first, and then get the waiver, then that is the only way that can happen.

 

That will also have the side-effect of protecting your wife's status - she can file for AOS within the 30-day grace period. Her immigration status then becomes "filed for AOS", and she will not go out of status.

[dnoblett]

Also if and when you file the I-485 and I-130, also file an I-765 for an EAD, I suspect AOS may take some time. also if wishing to leave and return to the USA while AOS is pending you will need to also file and I-131.

 

Send all this together in same filing, base the I-131 and I-765 on the pending I-485, so there will be no added fees paid. Fees will be I-485 $1070, I-130 $420 for AOS.

[Nate21224]

Great. Thank you guys for all of the useful information.

 

We contacted the Chinese Embassy again today and they told us they will put our J-1 Waiver application on hold and wait for us to send the reciept (I-797). They were very helpful and nice. As I understand the DOS does not begin to review the J-1 waiver case until they recieve all documents. I assume they will place it on hold until the chinese embassy issues the no objection statement.

 

Huiying is also going to contact the program she went through to get here and let them know she is filing for a J-1 HRR waiver. Like I said I don't think it is an issue but, we thought maybe we could even get them to write a letter stating that they have no objections to Huiying obtaining a waiver.

 

I contacted another lawyer I have been consulting with and we are starting the I-130 and I-485 today. We will also file for the EAD.

[dnoblett]

Good, here is a useful guide from VJ to the I-130+I-485 AOS.

 

http://www.visajourney.com/content/i130guide2

[Nate21224]

I also wanted to add that I contacted the DOS. They said they automatically put the case on hold until they recieve the statement from the individuals home embassy. The guy at the DOS said he has heard of a few cases that the DOS waited a year for the statement from the embassy. This is a relief knowing that they will both wait for us to send them the rest of the documents. Here is the address you send any additional paperwork to the DOS at:

 

U.S. Department of State

Visa Services

Waiver Review Division

2401 E Street, NW

Washington, DC 20522-0106

 

***This address is only to send additional paper work after your original paper has been sent. DO NOT send your original paperwork OR your fee to this address***

 

Make sure you have the following information in the header or somewhere on the documents:

(case number) (last name, first name) (Date of birth) (Country of Birth) (Country of last residence) (waiver type)

 

example:

#######, Chen, Huiying, ##/##/####, COB: China - Mainland, COR: China - Mainland, No Objection

Edited June 11, 2013 by Nate21224 (see edit history)

[Nate21224]

Update for anyone following along:

 

Huiying recieved and went to her biometrics appointment about a month ago.

 

We recieved a notice for interview on September 26th about 2 weeks ago.

 

On September 13th her employment card was authorized and we are now just waiting for it in the mail.

 

Now, the J waiver...

It was a little difficult dealing with the Chinese embassy and the strange paperwork they requested, some of which could only be obtained in person in China (her family helped us out with that) We finally were able to get them all of the required paperwork about 2-3 weeks ago. There is a 2-4 month processing time for the Chinese Embassy once the paper work is recieved. After the Embassy makes their decision they forward it to the DOS and Huiying. Then we have to wait for them to issue the waiver. We are hoping this entire process does not take too long.

 

I am sure the officer at the interview will ask about the J-1 waiver. We are going to tell them the stipulations the Chinese embassy has on obtaining one and that we could not even file untill we had a reciept for a AOS. The hopes are that they will send a RFE and give us the (83 days I think) to respond. By then we should at least have a response from the Chinese Embassy and we will send this to USCIS. We are hoping at that point they issue a second RFE and give us another 83 days.

 

This all seems like so much juggling of paperwork and unkown time frames overlapping but we are hopeful. I will let you all know how the interview goes.

Edited September 16, 2013 by Nate21224 (see edit history)

[Nate21224]

UPDATE

 

Huiying's employment card/travel card came about a week ago.

 

We had our interview yesterday! I was prepared with all the paper work requested. I had copies of everything and had all of it organized. We have two photo albums we brought aswell. We walked into the lady's office and she was very short and unemotional. She seemed to be in a hurry or something. No smiles or laughs. We sat down and she says, "The problem with your case is the J1 visa. We need a waiver." We explained everything that we have gone through to this point and the status we are at now (Chinese embassy in NYC says they approve and are sending the case to DC for them to approve and issue a waiver) We brought a translated email from the embassy. The officer seemed pleased with our paperwork and statements. She said she will issue us a ROE at the end of the interview.

 

She then went over our submited AOS paperwork and we verified our signatures and our address. She asked us maybe 3 personal questions like "How old are your husband's children?" She didn't once ask us about how we met or anything of the nature. She printed the ROE handed it to us and said, "Thank you, I wish I could finish your case today but, we need to J1 Waiver. If you had the waiver today I would approve everything now." We were in and out of her office in maybe 10 minutes.

 

Huiying contacted the embassy in DC today. They told her they will have a repsonse for her in the next 30 days. We will then need the DOS to issue the waiver in the next 50-60 days.