Please Help

[grean]

I am subjected to years residency requirement But I was able to change my status to H-1B and currently I am on H-1B.I am also married to U.S Citizen for more than 2 years. I applied for a waiver based on No Objection letter but my waiver denied although I got a non objection letter from my embassy . Can I apply to change my Status to U.S Citizen.

[hotelier73]

J1

Seems like it you had a J1 visa with 2 years home residency requirement. Do you know why were you subject to this requirement? What does the denial letter say?

[grean]

I had a J-1. I was o the Fulbright program and this is a government funded program

[hotelier73]

Right Path!

My friend, first of all you made a mistake by applying for a waiver just on No Objection statement from your home country. That would have been helpful only if you were subject to 2 yrs home residency just because your country was on skill list and no funding by any other government was involved. But as you said you were on J1 visa sponsored by Fulbright program, so NOC is no good no matter what your home country says. But on the other hand, you could have applied for a waiver directly to the USCIS based on extreme hardship. As you said that your spouse is a USC, this option would have worked. But burden of proof is on you. They just don't take into consideration this extreme hardship waiver merely based on separation. There is lot of factors which could be spelled out in details to USCIS, like cultural differences, economic conditions, equality of life, and medical conditions of your family, non availability of opportunities, time spent in USA etc. Whereas your USC spouse would suffer harassment, problems with social adjustment, wouldn't be able to get a job, doesn't speak the same language or different language, cultural difference, dietary problems, will be exposed to higher disease level, sanitary conditions etc. You can file the extreme hardship waiver directly to USCIS and provide as much documentation as possible. There are other waivers available as well.There are lot of resources out there on the internet and use them accordingly. But be advised any situation you choose, it must be to the nearest 100% truthfulness. And also my thoughts here are just my opinion based on my research and I am not an attorney either.

[grean]

The only reasons that I have are that I will not be able to leave my wife alone and at the same time I will not be able to take her with me since I don’t have a job in my country and it is impossible to get one there. I really need to adjust my status or at least to get the work permit since my job now is a temporary job and I am the head of the household and my wife does not work and there is no any other income or resource except the little one that I get from my job now.
My wife has a dual citizenship of the U.S and my country, she born and raised in the U.S but she lived in my country for a while(months) and she usually visit there but she will not be able to live there for 2 years. He family is living here (in the U.S) BUT in our culture it is not acceptable to leave your wife alone or even with her family.