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Hi there. I came here with J1 visa (not subject to 2 year rule) and got married to my husband. I just sent my papers to USCIS and I didn't get a waiver for my visa since it didn't have the 2 year rule. Would USCIS ask for a waiver even if you are not subject to the rule? Did I make a mistake by not applying&sending the waiver?
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If your J1 visa clearly states "not subject to 2-year rule," a waiver won't be requested.
--Ray B
Originally posted by worried wife View Post -
Thanks for your answer. It says not subject to 212e on my visa but I spoke to an attorney yesterday and she said it doesn't matter what it says I should have gotten an advisory opinion. So that got me a little worried.Comment
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I've successfully converted several J1 visa holders, whose J1 visa clearly stated "not subject..."
The advice from the attorney sounds as if he hasn't done this before. The only problem I had was when a client had two J1 visas, and the earlier one stated "subject to 2-year requirement," but the later one said "not subject." The USCIS interviewer couldn't understand how the J1 status could change, but we had expected this and provided the Brazil list of skill categories still subject to the 2-year requirement. The one in question (ESL teacher) had the 2-year requirement removed from the list before the second J1 was issued.
--Ray B
Originally posted by worried wife View PostComment
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I've only had one J1 and before it expired I married my husband. And mine was summer work and travel program and I paid for it. It wasn't us government funding or anything. After speaking to lawyer I got worried because I don't want my aos application to be turned down because I didn't get a waiver.Comment
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What did the attorney mean by "an advisory opinion?"
It's too simple for me to say she was setting the stage for a fee from you, but it sounds as if she really didn't know how a J1 works.
I can't blame you for being concerned after hearing that from the attorney. A waiver denial can be very traumatic, especially if you are married and have children born in the U.S.
--Ray B
Originally posted by worried wife View PostComment
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She meant I should have asked the state to get an advisory opinion about my visa if it really has a 2 year rule or not. She also said she had clients before with j1 visas and even though it said it's not subject to 2 year rule, after getting an advisory opinion they found out they did actually have a 2 year rule. So basically she said what it says about 2 year rule does not really matter.Comment
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There is a point being made by what the attorney told you...that one should perform some "due diligence," if in doubt at all. In my case, I was able to pull up J1 lists used by Brazil to identify skills which justify a "2-year" absence from U.S., to counter losing needed skills.
On the other hand, why do you suppose every J1 visa spells out whether subject to 2-year absence or not? During the actual interview of my client whose earlier J1 was "subject" to a 2-year absence the reviewer relied on "simple logic," that the skill set was the same, but the newer visa stated "not subject to 2-year requirement."
Anyway, you can research the source material for assigning 2-year requirements by specific countries.
--Ray B
Originally posted by worried wife View PostComment
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I honestly doubt that I was subject( I got this visa almost 3 years ago) but if for some reason USCIS requests me to get a waiver I will get one.
I sent my green card package on march 18th still no letter from USCIS. Once I get the notice of action I'll let you know. Thanks.Comment
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