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    kxm9228's Avatar
    kxm9228 Posts: 29, Reputation: 1
    New Member
    		  
    #1

    Oct 7, 2009, 01:38 AM
    Which J-1 residency waiver should I try?
    Hello. Any opinions are greatly appreciated.

    1) From 1997-1998 I studied in high school in the US as part of an exchange program called FSA/FLEX, which to my understanding was sponsored by the US Government.

    2) I do have the 2 year home residency requirement as indicated on my visa. Since then, I have fulfilled 6 months.

    3) Since 1998, I have been on F-1 Visa and the education was sponsored by a US Citizen (no residency requirements).

    4) I have always maintained a legal status and have never engaged in illegal activity.

    5) I am engaged to a US Permanent Resident who will be eligible to apply for naturalization in 18 months.

    6) We plan on getting married within the next 6 months.

    7) It appears that the embassy of my country will provide a "No Objection" letter.

    My Questions:
    1) Should I apply for waiver based on the "No objection" letter? What are my chances of getting that waived considering that the program was funded by the US government?

    OR

    2) Not apply under "No objection" and once we get married and my wife is still a LPR, apply for waiver based on the "... Hardship to US Citizen or Permanent Resident"?

    OR

    3) Should I include both in one waiver application?

    OR

    4) Should I try "No Objection" and then if I get denied, apply under the "...Hardship...."?

    5) Do I need to submit a copy of the IAP-66 with the waiver application? I can't find my copy, my program coordinator doesn't have one either, and I am not sure if the local embassy will have one either.

    Thank you
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    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
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    #2

    Oct 7, 2009, 08:03 AM

    N/O waiver is usually faster than the hardship waiver, depending on the country.
    kxm9228's Avatar
    kxm9228 Posts: 29, Reputation: 1
    New Member
    		  
    #3

    Nov 20, 2009, 03:58 PM
    Quote Originally Posted by DCcityboy View Post
    N/O waiver is usually faster than the hardship waiver, depending on the country.
    The waiver application requires a "Statement of Reason"

    What should I tell them? Should I just be honest and tell them that I have met someone and we are going to get married and would like to be able to adjust my status to LPR?

    OR

    Should I be creative?

    OR

    Any other suggestions?

    Thank You
    kxm9228's Avatar
    kxm9228 Posts: 29, Reputation: 1
    New Member
    		  
    #4

    Nov 20, 2009, 04:03 PM
    J-1 Residency Requirement waiver
    FYI, I am trying to waive 2-year residency requirement from 1997-1998.

    The waiver application requires a "Statement of Reason"

    What should I tell them? Should I just be honest and tell them that I have met a US LPR and we are going to get married and would like to be able to adjust my status to LPR after she becomes a US citizen?

    OR

    Should I be creative?

    OR

    Any other suggestions?

    Thank You
    kxm9228's Avatar
    kxm9228 Posts: 29, Reputation: 1
    New Member
    		  
    #5

    Nov 24, 2009, 08:07 PM
    Bump

    Quote Originally Posted by kxm9228 View Post
    FYI, I am trying to waive 2-year residency requirement from 1997-1998.

    The waiver application requires a "Statement of Reason"

    What should I tell them? Should I just be honest and tell them that I have met a US LPR and we are going to get married and would like to be able to adjust my status to LPR after she becomes a US citizen?

    OR

    Should I be creative?

    OR

    Any other suggestions?

    Thank You
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