CASE: J-1 Visa Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: Illinois
Our Filipino client came on a J-1 visa in April 2010. He has remained in the United States ever since, even past his J-1 program. He was subject to the two-year foreign residency requirement.
He contacted our office after the Windsor (re same-sex) decision passed, and told us that he planned to get married to his U.S. citizen fiancé at that time (same-sex).
He was eligible for adjustment of status based on his marriage to U.S. citizen spouse, but he cannot adjust without a waiver of his two-year foreign residency requirement.
Upon retention, our office prepared and filed a waiver request based on a possible No Objection Statement (NOS) from the Philippine Embassy in the United States.
On July 31, 2013, the J-1 Visa Waiver Application (Form DS-3035) was filed to the Department of State. Later in September 2013, our client married his U.S. citizen spouse in San Francisco, CA where same sex marriages are recognized. Then, we also sent a request to the Illinois State Government to get authentication for necessary documents. Later, these authenticated documents and the No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in Chicago and San Francisco for further authentication. On December 12, 2013, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.
The Waiver Review Committee eventually approved the No Objection request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement to the U.S. Department of State.
On May 5, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.
Eventually, on May 20, 2014, the USCIS issued an I-612 approval notice for the waiver.
Now, our client can file for his adjustment of status application along with his U.S. Citizen spouse’s I-130 petition.