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melimelo

2 year physical home country presence requirement - how is it calculated?

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Hello,

I studied in the US for a year under a J1 visa that is subject to the 2-year home country presence requirement.

I returned to Canada (my home country ) on July 4th 2014. Since then I have taken multiple short trips to the USA (at least once a month, usually for a few days) to visit my boyfriend in the USA. How is the 2 year requirement computed? Is it a total of 730 days?

How are the days in the US counted? i.e. if I flew out to the US on June 30th and came back July 5th on an overnight in the morning to Canada. Have I been away for 6 days? Or does it count at 4 days? It would make a huge difference to my total number of days given how many trips I've taken and I'm waiting for those 2 years to expire to apply for permanent residency in the US...

Thanks!

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*** Thread moved from K-1 Process forum to the Student & Exchange Visitor Visas forum -- topic involves J-1 calculations. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Why not get a waiver?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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We're planning on getting married.

I am not eligible for any of the waiver programs (I am a physician). My only other option is to het an O-1, but that wouldn't waive the 2-year requirement, merely post-pone it.

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If you enter today - one day.

Leave tomorrow - two days

Trust you have been recording all your trips.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Not sure what you mean by rule but if you are talking about days out of the country it would be the same.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The days you spent outside your country of residence will not be counted.

For example:

Jan 1, 2014 to March 31, 2014 - you were in Canada

Apr 1, 2014 to July 31, 2014 - you were in the UK

Aug 1, 2014 to Sep 30, 2014 - you were in Canada

Based on the above dates, it will be counted only as 5 months.


Adjustment of Status Timeline from J1 Visa

05/13/2015 - Sent I-485/I-130/I-765/I-131 to USCIS.

05/18/2015 - Received I-797 NOA with Receipt Numbers.

05/25/2015 - Received Biometrics appointment letter

06/10/2015 - Biometrics Appointment done

06/15/2015 - Received RFE letter dated 6/9/15

07/08/2015 - Sent reply to RFE

07/14/2015 - USCIS confirmed receipt of our reply to RFE

07/25/2015 - I-131 AP approved

07/27/2015 - I-765 EAD approved

08/04/2015 - USCIS sent EAD/AP

08/05/2015 - Received EAD/AP approval notice
08/14/2015 - Received EAD/AP card

12/03/2015 - Interview scheduled for January 8, 2016

01/08/2016 - Interview. I-485 AOS approved

01/10/2016 - I-485 and I-130 approval notice mailed

01/12/2016 - 'New Card' was mailed

01/15/2016 - Received Green Card.

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From the law "has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States". You should count the days in Canada, not the days not in the USA. In your case, for example, you had spent 4 days in Canada.


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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If I understand correctly, only days where the whole 24 hrs were spent in Canada count towards the requirement. If leaving Canada at 11pm on a flight to the US, that day would not count towards fulfilling the 2 year requirement, is that correct?

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When I have seen it mentioned before they have used time of entry to US.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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When I have seen it mentioned before they have used time of entry to US.

The 2YHRR from J-1 isn't about staying outside the US, but residing in your original country. You also need to be actually residing in your country. Say you're from Canada, but got a job in the UK and spent a week in Canada for vacations, that week doesn't count (although a good lawyer could make it count).

If I understand correctly, only days where the whole 24 hrs were spent in Canada count towards the requirement. If leaving Canada at 11pm on a flight to the US, that day would not count towards fulfilling the 2 year requirement, is that correct?

I think it's OK to count that as a day in Canada. But how many days would you lose with the most conservative counting?


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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With the most conservative counting I'll have been in Canada 337 days between July 4th 2014 and end of August 2015. With the least conservative counting (counting all partial days as days spent in Canada) it adds up to 361, so it's a significant difference (probably will add up to at least 1-2 month difference over the 2 years).

Mel

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