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发帖数: 553 | 1 几个月前递交了在美国境内J2转F1的申请，前些天USCIS发回来一个request of
evidence，要求我提供waiver，以下是我拟好的回信，大家帮我看一下是不是合适，会
不会confuse签证官？谢谢。
Reply to Waiver of the J Visa Two-Year Foreign Residence Requirement 212(e):
To whom it may concerned,
Change of Status and Waivers of Requirement - If the exchange visitor is
subject to the two-year home-country physical presence (foreign residence)
requirement, he or she cannot change his/her status to that of H, L, K, or
immigrant lawful permanent resident (LPR) until he or she has returned to
his/her home country for at least two-years or received a waiver of that
requirement. Such waivers may be requested and if approved, obtained under
these five separate bases:
• No Objection Statement;
…
See http://travel.state.gov/visa/temp/types/types_1267.html#15
Based on the above statement from U.S. Department of State (DOS), change of
status from J-2 to F-1 is NOT subject to the two-year home-country physical
presence requirement. That means a waiver is not required for me to change
my J-2 visa to F-1 visa, because neither of them is H, L, K, or immigrant
lawful permanent resident.
As to my sponsor, who is also my wife, has got a NO OBJECTION LETTER from
Chinese embassy. The letter is sending to DOS on 10/1, and DOS might be able
to send a recommendation letter to USCIS for her I-797 at the end of
October 2012 which is later than the deadline of my request of evidence on
Oct. 15, 2012. Her application case number is 993245.
Please think over my case and help me with my application to F-1 visa. If
you believe I have to provide an approved Form I-797 or I-612, please hold
my case for another month, I’ll submit it as soon as possible. Thanks!
Sincerely yours,
Zhaozong Fan
October 5, 2012 |
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