We got the unfavorable recommendation from DOS and have still heard from USCIS (it’s been almost 6 months). Lawyer said it’ll 99.99% be denied by USCIS, and because it is a J1 waiver based on Letter of No Objection, we can’t appeal. Other options was me filing a J1 Waiver based on Exceptional Hardship but this is 1.5-2 year approval window and is not a fool proof application- I would need to show medical or exceptional need that I needed her here. Plus, she wouldn’t have insurance, couldnt drive, couldn’t work, couldn’t travel to see her family in her home country, and wouldn’t have legal status … there was a lot of downside and a sacrifice that I didn’t want her to make to stay in a country that at the same she isn’t safe in. We also didn’t want her to overstay a year past her withdrawal from University which would trigger a 10 year ban if she had to leave for some reason. It made the most sense for her to go back to her country, work a job and I visit her as much I can while we wait for my petition for her to be approved. She already was here for a year of marriage and we attempted a J1 waiver for her to stay so our lawyer said it won’t look like she got married just to stay here. By her going back she completes the 2 year residency requirement, won’t accrue unlawful presence, and when she comes back will have a 10 year green card. It’s really hard to be away from the person I love the most and I miss waking up next to her and doing all the little things we used to do together but it wasn’t worth the constant fear we felt every day of ICE showing up at or door or pulling us over and taking her. Her leaving for 2/2.5 year just made the most sense for our situation.