J1 visa question

[rnv0]

Hello all,

I am an Indian working as a physician on a J1 visa in US. Now I got married to an US citizen. I am required to complete J1 waiver job for 3 yrs in US or go back to India for 2 yrs before which I can apply for GC through my citizen wife in US I heard.

Is there any way I can skip the 3 yr waiver job and get my J1 visa converted to GC now through my wife? Pls suggest.

Thanks.

[peace999]

you could apply for a J1 waiver under the 'hardship to US citizen spouse" criterion.

I strongly recommend you read the J1 waiver eligibility criteria and the FAQs on the state dept website travel.state.gov
It is all explained very well there.

And go through a very good attorney if you will apply.

[rnv0]

@peace99... thank you for the info. I have gone through the link you provided. If I apply for waiver through 'hardship through US citizen spouse' and if I am approved,

1. What will my visa status be at that point?

2. Approximately how long will the process take?

3. Once I get the waiver through 'hardship...' can I apply for GC through my spouse citizenship or do I have to work for few yrs before I can change status once again?

I have one more year left with my training on J1 before which I will have to apply for waiver.

[peace999]

Sorry, I am not an expert on J-1 waivers.

But I know that once your I-130 filed by your USC spouse is approved , the only thing standing between you and I-485 adjustment to green card is the waiver.
For all you know, you could even file the waiver some period before the end of J-1 work. Please check "notifications" for my message on upper right hand of this page.

[rayb]

The J1 -year absence requirement is taken very seriously by USCIS. As "Peace' replied, I, too am not a J1 waiver expert, but I have had enough direct and peripheral experience with J1 conversions to assure you that even the "hardship to spouse" basis for a J1 waiver is not that easy to obtain.

This is one immigration procedure where a specialist attorney may receive more respect from USCIS when providing evidence than a lay person. Years ago, most "good" immigration attorneys had formerly worked for INS, and they knew how to work through the bureaucracy. Nowadays, most immigration attorneys (or those who claim to be immigration attorneys) have limited training and limited experience with problems as specialized as J1 waivers.

I've had one "humanitarian" waiver request denied, despite plenty of evidence that the loss of the applicant's income would be detrimental to her U.S. citizen spouse and child. With other former J1 visa holders, the "2-year absence" requirement was dropped by their home country (Brazil) for their particular specialty. But yet another J1 entrant 35 years previous, who had not met the 2-year requirement, was denied conversion after being in the U.S. on a "student" visa and subsequently marrying, having a daughter, a restaurant business and working for state government or more than 20 years.

My advice to the original poster would be to not expect a waiver to be easily obtained.

--Ray B

Sorry, I am not an expert on J-1 waivers.

But I know that once your I-130 filed by your USC spouse is approved , the only thing standing between you and I-485 adjustment to green card is the waiver.
For all you know, you could even file the waiver some period before the end of J-1 work. Please check "notifications" on upper right hand of this page.