J-1 Visa and 2 year rule "Exceptional Hardship" waiver

[Nathan&Min]

http://www.hooyou.com/j-1/j1_exceptional.html

 

 

Please see above link.

 

 

A few months ago back in January, my wife and I were ready to DCF in Guangzhou, and it was an exciting time. We then found out the hard way that she was under the J-1 visa (when she visited as a volunteer from 2014-2015) and we gave up on filing at that point in time and decided to find work here in China while we wait until July 2017.

 

Fast forward till now, I am a recent graduate from a University in the US (Idaho) with a degree in Business Management and I applied for tons of jobs here in Shenzhen and got several offers. I accepted one and started on the process to getting a Z Visa (work visa) to work legally. The company is a mid-size company and the salary was enough for both of us to live comfortably here in China.

 

My company wants to apply for the visa, and let me know that the chances of it getting denied (at their and my own dismay) is very high due to their being a requirement for POST graduation work experience in a related field of between 1-2 years (it depends on which city that you will be working in)

 

My wife and I are getting low on money, and her profession pays little especially for recent grads like herself. This is not sufficient for us to earn a living, and we estimate that we will be broke by year-end. On a related side-note... we also cannot practice our religion freely in China due to government restrictions on our church.

 

Would it be advisable to apply for the Exceptional Hardship Waiver? It costs 600 dollars (4000 rmb!!! enough to pay the rent for 3 months!) to give us a chance to leave China earlier and get back to the States in where we can both work, (and practice our religion freely)

 

 

Please advise as soon as possible

 

 

Thanks so much,

 

Nathan&Min

[Randy W]

Someone remarkably similar to yourself posted a remarkably similar topic a few months ago - http://candleforlove.com/forums/topic/48345-urgent-advice-needed/

 

The Exceptional Hardship Waiver, of course, is a new tack in your approach, but from our point of view, doesn't really offer us a peg to stand on as far as offering new advice. My guess is that you will need to consult a lawyer there.

 

If you go back through what's already been posted, you'll see this little gem

 

The $4, 200 in lawyer fees plus $600 for filing fees is for an "exceptional hardship waiver". This waiver would state that if my wife would need to fulfill her requirement it would create extreme hardship for me and my children. This statement would require many affidavits of support from many people. We basically would have to build a case against the HRR and back it up with evidence. It is much more work therefor much more expensive.