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  • Waiver questions

    My visa J1 had a 2 years rule that doesn't let me come back to USA as soon as I would like. I have a sponsor to come back to USA and I am thinking to marry with my girlfriend, an american citizen. I was doing the process to ask for a waiver but I have some doubts:
    1. Should I apply for the waiver and at the same time for the visa or I have to wait to have an approved waiver and then start the process for the visa?
    2. Should we marry first and then apply for a waiver? Or I can start right now with the waiver process without having a marriage certificate.
    3. Can I ask a waiver as a fiancee right now? What documentation should I attach? I saw that I need some kind of documentation and that made me thought that it´s a must to marry before applying for a waiver.
    4. In the Statement of reason, can I write two options? I have also the opportunity to be sponsored. I would like to be open to that also. But I guess that if I ask a waiver for marriage in one state and they approve it, I will not be able to have a job in another state because I have to be with my wife for a certain amount of time, haven´t I? And vice versa, if I give a reason of a sponsorship and the government approve it, I only can apply for a HB1 visa, not a K3 visa.

    Any advice will be so welcome. I am so confuse in all this process.

    Thank you in advance,

    G.

  • #2
    Originally posted by giarosell View Post
    My visa J1 had a 2 years rule that doesn't let me come back to USA as soon as I would like. I have a sponsor to come back to USA and I am thinking to marry with my girlfriend, an american citizen. I was doing the process to ask for a waiver but I have some doubts:
    1. Should I apply for the waiver and at the same time for the visa or I have to wait to have an approved waiver and then start the process for the visa?
    2. Should we marry first and then apply for a waiver? Or I can start right now with the waiver process without having a marriage certificate.
    3. Can I ask a waiver as a fiancee right now? What documentation should I attach? I saw that I need some kind of documentation and that made me thought that it´s a must to marry before applying for a waiver.
    4. In the Statement of reason, can I write two options? I have also the opportunity to be sponsored. I would like to be open to that also. But I guess that if I ask a waiver for marriage in one state and they approve it, I will not be able to have a job in another state because I have to be with my wife for a certain amount of time, haven´t I? And vice versa, if I give a reason of a sponsorship and the government approve it, I only can apply for a HB1 visa, not a K3 visa.

    Any advice will be so welcome. I am so confuse in all this process.

    Thank you in advance,

    G.
    You need to consult an immigration attorney before you do something. You can read more about J-1 visa and waivers on the U.S. Department of State website

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