Travel during J2 waiver is pending-Help needed urgently

[ann_123]

Hello everybody,

 

I am in USA on J2 visa with HRR. My husband has applied for a J1 waiver and a DOS case number has just been issued online (the case status is application received). Our J visas (both visa stamps & DS-2019) are valid till 2018. Due to unavoidable circumstances I need to travel outside USA for a week. I have read in several other forums that it is not advisable to travel outside with a J1 waiver pending. 

 

However I have read on this forum that there should not be any problem at the port of entry while re entering USA. I am really confused. It would be very helpful if you could tell me if any J2 holder has re entered the country while the J2 waiver was pending. MY port of entry would be Boston (don't know if that matters) 

 

I would also like to know if we can withdraw our waiver application and reapply after I come back in USA? 

 

I would really appreciate if you could help me. I am very nervous as I have to travel outside, next month. Please help.

Thank you very much.

 

Best regards,

Ann

[ann_123]

Please help me

 

--Ann

[dpphd]

We (both J1 & J2) travelled during Jan-Feb 2015 while my J1 waiver was pending with DoS and USCIS. I did not have any problem in my travel during the process. Both DoS and USCIS recommended and approved my waiver while i was in my home country. I traveled back to USA 2 days after USCIS approval with valid visa and DS2019. Based on your case it would take atleast 2 more months for the final approval notice from USCIS. All i can say is that i took the risk and it went well but i can't say that it could apply to all waiver pending cases.  

[ann_123]

Thank you very much for the reply dpphd. I really appreciate it.

[medfreak]

Technically, every time you enter the united states on a J1 visa, you are resubject to the 2 year home residency requirement. I most definitely do not advise you trying to come back AFTER your waiver was approved like the poster above did. While the waiver is pending, the same technicality applies. Would you have a problem ? Not necessarily, but to be absolutely problem free in the future when you adjust your status.

[ann_123]

Thank you medfreak

[ann_123]

I would like to get one more thing cleared. Due to your re-entry to USA while your waiver was pending/accepted, did anybody face any problem while adjusting their status, later? 

[prjbh]

I am in a similar situation with the need to travel for 2 weeks. However, my waiver is already approved. Kindly advise.

 

Thanks

Prjbh

[Mastermind1234]

I would like to get one more thing cleared. Due to your re-entry to USA while your waiver was pending/accepted, did anybody face any problem while adjusting their status, later? 

Hi Ann

I am currently in the same boat. Did you travel while your waiver case in process ??

[drvb]

I am in same boat ,my spouse need to travel while my waiver application is pending ?Can anyone g

[drvb]

I am in same boat .My spouse in home country and need to come to states while my waiver is pending .Worried about visa stamping and entry at port ?Can anybody help ?

[drvb]

I am in same boat .My spouse in home country and need to come to states while my waiver is pending .Worried about visa stamping and entry at port ?Can anybody help ?