J1 hardship waiver - please help with the timeline for DOS to get I612/I613 from USCIS

Buggy0613

By Buggy0613,
in J-1 Waivers

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Buggy0613 Advanced Member

Buggy0613

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Hi,

Is there anyone can share with me how long does it take for DOS to get the I612/I613 from USCIS in your case?

USCIS updated they are asking for a non-USCIS advisory opinion on May. 17th. However, I haven't seen any updates on DOS website until today. (I assume the advisory opinion that USCIS is asking is from DOS...)

Please help :)

Thank you!!

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budo Advanced Member

budo

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Hi,

Is there anyone can share with me how long does it take for DOS to get the I612/I613 from USCIS in your case?

USCIS updated they are asking for a non-USCIS advisory opinion on May. 17th. However, I haven't seen any updates on DOS website until today. (I assume the advisory opinion that USCIS is asking is from DOS...)

Please help :)

Thank you!!

There is unfortunately no standard timeline. You just have to be patient. DOS has been particularly slow on hardship waivers. It received my application on April 15, 2015. USCIS sent out I-612/613 On August 6, 2015. DOS received it and promptly updated my case file on August 10, 2015, but it waited 5 months to request my sponsor's views. You may worry even more now that you read my case was updated within 5 days, but quick update does not mean anything. The timeline is different for everybody. I am still waiting for a recommendation from DOS. It has been 14 months since I applied for the waiver. Some people have received the recommendation in 4 months. Others in 6 months to a year. I am still waiting, and I am sure there are folks out there who have been waiting longer than I. The only thing you can do is wait patiently. Sharing on the forum does help because it allows you to understand you are not alone on the boat. Good luck.

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rags1979 Advanced Member

rags1979

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Posted

Hi,

Is there anyone can share with me how long does it take for DOS to get the I612/I613 from USCIS in your case?

USCIS updated they are asking for a non-USCIS advisory opinion on May. 17th. However, I haven't seen any updates on DOS website until today. (I assume the advisory opinion that USCIS is asking is from DOS...)

Please help :)

Thank you!!

from the other thread that i responded to this:

 

Usually communication for non-USCIS advisory opinion happens electronically to DOS.  It should not take more than 3 weeks for DOS to receive.  Take an infopass appointment in a local office and have them open a service case for USCIS to send the electronic communication to the DOS again.  They will do that.  I would not wait around to find out how many months it takes for DOS to receive it. TAKE ACTION.  You can open the service case also by calling USCIS customer service number and insist talking to a level 2 officer and have them open.  That way opening the service case can be done instantly and not depend on infopass appointment because they are not readily available soon.  Do you have issues with visa status expiring soon that would force you to leave the country?

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Buggy0613 Advanced Member

Buggy0613

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Thank you budo!

I started my J1 waiver case last October and DOS received my case on November. It has been 8 months now :( It does help to use the forum and knowing that I am not alone!

Thank you for your encouragement, hope good news will come to us soon! Please do share any updates here if you have later and I will do the same!!

Is your case based on NOL or hardship?

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Buggy0613 Advanced Member

Buggy0613

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Thank you rags!

I posted the similar questions again to see if anybody is in the same boat and has been waiting for this more than a month. Unfortunately, so far I think I am the slowest one!

I have replied your question on the other post yesterday, not sure if it has been posted yet. But I will go ahead and type it again.

USCIS said wait to call them again after 60 days because they said that I should allow them the normal processing time. I think I just have to wait until July.23rd.

I am not running out of time YET, hopefully I can get the approval before that.

Do you know how likely my case will be approved based on your experience? It's just a hardship case with a new born USC baby and USC husband who serves in the army.

How is your case going? Hope everything is good on your side!!

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budo Advanced Member

budo

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Thank you rags!

I posted the similar questions again to see if anybody is in the same boat and has been waiting for this more than a month. Unfortunately, so far I think I am the slowest one!

I have replied your question on the other post yesterday, not sure if it has been posted yet. But I will go ahead and type it again.

USCIS said wait to call them again after 60 days because they said that I should allow them the normal processing time. I think I just have to wait until July.23rd.

I am not running out of time YET, hopefully I can get the approval before that.

Do you know how likely my case will be approved based on your experience? It's just a hardship case with a new born USC baby and USC husband who serves in the army.

How is your case going? Hope everything is good on your side!!

 

Buggy, does your case involve U.S. government funding? If it does not, you have a better chance. However, receiving government funding does not mean you cannot get a waiver. The outcome truly depends on how strong your arguments and supporting evidences are. Your husband's military service could be helpful if you got strong recommendation letters (from his superiors for example).Your case would be considered strong if you demonstrated that taking your kid to your country would cause "exceptional hardship." In addition, you would need to show that leaving your kid and his dad here would cause exceptional hardship. You could easily make a case for your husband's career disruption if your absence made him the sole caregiver for your kid, but you would still need to show that taking your kid to your country would be ground for exceptional hardship. If you presented strong arguments for both case scenarios, you have a good chance to get the waiver. As I mentioned in a different thread of our exchanges, I applied on the basis of exceptional hardship. I received the Fulbright scholarship, so in my case the risk of denial was higher than in J-1 cases that did not involve government funding.  I was able to present strong evidences of the potential for "exceptional hardship" to my dependents if I were to return to my country with or without them. I successfully argued that the only viable option was to keep my family together here, so DOS made a "Favorable Recommendation." Every case is different, but the common denominator in getting a favorable recommendation for waiver is showing potential for exceptional hardship in scenarios that involve both leaving your dependent(s) behind and taking them with you. 

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Buggy0613 Advanced Member

Buggy0613

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Budo, I just remembered that back to Feb, USCIS sent me a request for evidence and we replied them later on.

Back to that time, I was thinking it's probably a good thing they want to more evidence. Do you know anything about it? Is it a common request or it's a good sign as well as the if they are asking for non-USCIS advisory opinion? (J1 waiver process definitely makes people paranoid and over analyze everything! Lol)

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budo Advanced Member

budo

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Budo, I just remembered that back to Feb, USCIS sent me a request for evidence and we replied them later on.

Back to that time, I was thinking it's probably a good thing they want to more evidence. Do you know anything about it? Is it a common request or it's a good sign as well as the if they are asking for non-USCIS advisory opinion? (J1 waiver process definitely makes people paranoid and over analyze everything! Lol)

If they asked for evidence, at least you you know they are working on your case. Right? If they sent your I-612 along with I-613 to DOS, that is a good sign because they found probable cause and decided the application could move to the next level. However, DOS is where the real roadblock may be. If they make a favorable recommendation, your chance of getting a waiver is above 80%. From everything I read, I can say with confidence that USCIS rarely disagrees with DOS's recommendation. But DOS may make an "unfavorable recommendation" even if USCIS finds probable cause. In short, keep praying for a "Favorable recommendation" from DOS.

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Buggy0613 Advanced Member

Buggy0613

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Budo, I will definitely keep my fingers crossed!

DOS just updated that they received my "change of address" again on June.16th, (I did mail the change of address twice because we moved to another state, the first one they received on May.3rd as they updated earlier). Now I am curious if they latest update was on June.16th, does that mean they haven't received my I612/613 yet? USCIS updated the non-USCIS advisory opinion thing on May.17th. I am thinking about calling USCIS to ask them send it again if they do it or I should probably wait a little bit longer? But it has been over a month already....

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budo Advanced Member

budo

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Budo, I will definitely keep my fingers crossed!

DOS just updated that they received my "change of address" again on June.16th, (I did mail the change of address twice because we moved to another state, the first one they received on May.3rd as they updated earlier). Now I am curious if they latest update was on June.16th, does that mean they haven't received my I612/613 yet? USCIS updated the non-USCIS advisory opinion thing on May.17th. I am thinking about calling USCIS to ask them send it again if they do it or I should probably wait a little bit longer? But it has been over a month already....

 

I know they can be very slow sometimes, so I was very patient throughout my process (e.g. it took them 5 months to request my sponsor's views). In the 14+ months, I sent them an email once. The replied more than 4 weeks later. After that, I decided to just wait. Patience was not easy, but ultimately it paid off. I got notification from USCIS yesterday that my waiver was approved and a hard copy would soon be in the mail. Big relief after more than 14 months of uncertainty. I wish all of you the same good luck. Now I am moving to the last step, adjustment of status.

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budo Advanced Member

budo

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Budo, what is the sponsor view for? Do you know what's in there? I am a VIF program teacher. Have you ever heard this program? Is it government funded?

No, this is my first time hearing about this program. If you believe it might be government funded, you should ask the program manager or someone who is in a position to clarify this point for you. Just remember, government funding may complicate the situation, but it does not mean you cannot get a waiver.

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Buggy0613 Advanced Member

Buggy0613

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Hi Budo, I called the program manager and he was not allowed to share the information but he said you can find it on the ds2019 form. On my form, there have 3 check boxes about why I subjected to 2 year rule. I saw it was checked by the "skill list" not the " government financing". So I assume that means it's not government funded. What do you think? And what is sponsor view? Based on my hardship case, will dos request for a sponsor view? Or they only request when it comes to government funds?

Thank you!!

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  • 4 weeks later...
budo Advanced Member

budo

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Hi Budo, I called the program manager and he was not allowed to share the information but he said you can find it on the ds2019 form. On my form, there have 3 check boxes about why I subjected to 2 year rule. I saw it was checked by the "skill list" not the " government financing". So I assume that means it's not government funded. What do you think? And what is sponsor view? Based on my hardship case, will dos request for a sponsor view? Or they only request when it comes to government funds?

Thank you!!

Sorry Buggy, I was disconnected for medical reason, but I am back now. "Sponsor view" refers to the recommendation of your J visa sponsor. In my case that was the Fulbright Program. DOS is likely to make a favorable recommendation if your sponsor makes a favorable recommendation. If there is no funding involved, I am not sure if DOS requests sponsor view. However, if there is funding (whether from a government or an organization) DOS will request that sponsor's opinion. Government funding may cause more roadblocks in waiver cases, but even in that case, people get waivers if their applications are well documented and present solid arguments.

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Buggy0613 Advanced Member

Buggy0613

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Hi budo! I just saw your post here!

Hope you are doing well!!

I think since DOS already sent the favorable recommendation to USCIS, then the sponsor view is out of the picture now, right?

All I need to do now is to wait for the final approval notice from USCIS, correct? Hopefully I can get it soon!!

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mikenovva Newbie

mikenovva

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For me, USCIS took 6 months to send I-612 and I-613 to DOS. Then, I filed DS-3035 below is my timeline with DOS. (NOTE: I should've filed with DS-3035 at the same time/before I filed I-612. I delayed with DS-3035 by mistake --- but it seems that I'm on the right path now, just have to wait...)

  Department of State Decision: Pending
 
Item Action Date
Sponsor Views (Received) Received May, 22 2017
Form I-612 Received May, 15 2017
Form I-613 Received May, 15 2017
Request for Sponsor Views Sent May, 15 2017
Fee Received May, 02 2017
Form DS-3035 Received May, 02 2017
Form DS-2019 Received May, 02 2017
Passport Data Page Received May, 02 2017
Statement Of Reason Received May, 02 2017
Other Received May, 02 2017
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