J-1 Visa responses and more information

[Mike2002]

I wish to thank RW, Don Pardo, and Elena for your responses.  I am sorry I did not come back and respond sooner.   I would like to obtain more information, if possible.

In particular, I am interested in knowing more of your details.  Elena, and all others, was your education funded by the US gov't, or who?  

My Russian wife, her J-1 expired August 31.  We have subsequently filed the paperwork for a waiver.  We were told by an immigration attorney (the most competent of several we spoke to) that she would NOT be subject to the 3 year and 10 year USA re-entry exclusion should she leave the country if she went beyond 6 months or 12 months without status respectively.

We intend to file for dual reasons, both persecution and hardship.  I also will utilize political letters here as well.  WHile I am told they do not help to influence a favorable decision, they do help facilitate things.  Elena, when did you obtain the letters from the politicians?  From the beginning, or how far into the year after you got started?

Anyone else who has a story to tell, I would also be interested in hearing the details.  

Elena, I would like your email so that I can write to you directly.

Thank you everyone.

Mike

[Don Pardo]

... in response to J-1 Visa responses and more information, posted by Mike2002 on Oct 1, 2002

Mike,

You're ahead of me in this process.  We haven't even decided for certain if we're going to apply for a waiver.  We're just trying to find out how best to go about it, if we decide to.  Elena is going to be a much better resource for you.  I would encourage you to e-mail her off-line, if you haven't already.  Like Elena suggested, I would also strongly encourage you to verify with the INS that your wife's remaining in the U.S. at this time isn't going to complicate things for you.

I would be interested in following up later to see what works or what doesn't work for you.  You may be able to help me out.

Best of luck to you!

Don

[RW]

... in response to J-1 Visa responses and more information, posted by Mike2002 on Oct 1, 2002

Mike,

I post both as RW and Elena depending whether I use computer at home or at work.

Yes, my education was funded by US gov't to receive MBA degree in the States.

Your lawyer is correct, she should not be a subject to the 3/10 year AS LONG AS her papers are in the process. But I also came across other people who waited too long to file for waiver and adjustment of status and they had to leave in order not to have problems with INS in the future. And my advice would be that whatever information you get from lawyers - verify it with INS on their 1-800 number. J-1 visa is a little bit different situation and from my experience, I did not find competent lawyers about it.

I started obtaining letters from politicians as soon as we knew my case number at the Dept of State, so that they could send letters "regarding case #....."

Now, that is where you make me confused: you are stating you have already filed for waiver and then you state that "We intend to file for dual reasons, both persecution and hardship". How does that work?
There are two venues: you either file with the Dept of State (based on No-objection letter or one more, I don't remember) after the decision is made the DOS forwards your file to INS. OR you file directly with INS based on hardship and persecution. Then you don't have to deal with the Dept. of State. So which one are you doing?

Would be glad to help, my e-mail is in profile. But agian, I did all my paperwork and research two years ago. May be something has changed. You should verify my information as well.

Elena