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  • J Visa Waiver

    Hey everyone, I'm new here! And I need some help I'm from the Netherlands and I just got married to my American yesterday! Now we're both very excited about starting the long and tedious process to get my greencard, haha.. I'm pretty sure we gathered all the information and documents we need and we're going to do it without the help of a lawyer (unfortunately we can't afford one right now).

    I'm here in the US on a tourist visa which expired a few days ago. Now I was here last year from january until july on a J-1 visa. On that visa it says I am subject to the two-year foreign residency requirement even though I shouldn't have been (none of the reasons listed applied to me). So I should get this waived with a No-Objection Statement before starting on I-130 etc.

    Now my question is, what address should I use? If I enter my American address will they realize I'm here on an expired tourist visa or see that I'm not spending much time in the Netherlands and is it likely they will deny the waiver request? If I use my Dutch address I could always have my parents forward it to me. It might be a silly question, but I just want to make sure everything goes through as fast as possible!

    Thanks a lot in advance,
    Ginny

  • #2
    I think you may have an issue.. when it doubt seek an immigration attorney

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    Two-year Home-Country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

    Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
    Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
    Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.
    Change of Status and Waivers of Requirement - If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, he or she cannot change his/her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers may be requested and if approved, obtained under these five separate bases:

    No Objection Statement;
    Exceptional Hardship;
    Persecution;
    Conrad Program, or
    Interested Government Agency

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