Apply while under J1 2 year rule

[eliottreid 9]

Hello all

I'll be in my country and I need to fulfill those 2 years. Is it possible to submit the I130 and go through the NVC process while still fulfilling the 2 years? I really don't want to wait another year after the 2 years. If I finish the 2 year rule in August when should I submit the I130?

My husband is a US citizen btw.

Thanks

[mlcmed 2]

I'm not a lawyer or anything, but my husband's two year requirement ended in January of 2017. I waited until December 2016 to file an I-130, but I think that your husband can submit everything for an I-130 3 or 4 months before your time is up. It usually takes ~4-9 months for an I-130 to be processed, and based on what I've read, it's not necessary to wait until your two years are up to file an I-130. However, you do have to wait until the two years are up to proceed to the next step, where you apply for a green card. Best of luck! 

[geowrian 22,335]

Yes, you may file at any time, but you should not do the interview until the 2YHRR is fulfilled. Some embassies are very strict on the time counted, and may permit you to notify them once the time is up and then issue the visa. Others may deny you outright if you interview before the requirement is met.

 

As such, I would say wait at least until 10 months prior to the requirement has been met before filing just to be safe (since that's the current processing timeframe).

 

http://www.visajourney.com/content/ir1cr1historical

http://www.visajourney.com/timeline/irstats.php?cfl=

 

 

Edited February 25, 2017 by geowrian

[eliottreid 9]

So I should apply 10 months before and if the interview is scheduled before then I should just move it to another date? 

I read this at the website of my country:  DV applicants should be aware that visas are numerically limited and must be issued by September 30 of the program year.  What do they mean?

[geowrian 22,335]

Just now, eliottreid said:

So I should apply 10 months before and if the interview is scheduled before then I should just move it to another date? 

I read this at the website of my country:  DV applicants should be aware that visas are numerically limited and must be issued by September 30 of the program year.  What do they mean?

I would say it would be best to do it after the 10 months just to be safe. But yes, you can schedule the interview and ensure it is after the 2YHRR is fulfilled.

 

I don't believe that applies to you. You said you came on a J-1, not via DV. Also, you're applying for a CR-1/IR-1. There are no numerical limits on those visas.

[ConOfficer 167]

7 minutes ago, geowrian said:

 

Yes, you may file at any time, but you should not do the interview until the 2YHRR is fulfilled. Some embassies are very strict on the time counted, and may permit you to notify them once the time is up and then issue the visa. Others may deny you outright if you interview before the requirement is met.

 

As such, I would say wait at least until 10 months prior to the requirement has been met before filing just to be safe (since that's the current processing timeframe).

 

I disagree with this. Your husband can file his I-130 when you guys are ready. 

 

The consular officer will just tell you to contact the consulate when the two year requirement has been met. They will "refuse" you as required by the Immigration and Nationality Act, but they'll issue the visa as soon as the two years are up. You might hold off on getting your medical exam done until you get close to the 2 year mark. 

 

You can also have the residency requirement waived. Both the Department of State and the relevant authority within your government have to agree to a waiver. Whether that is a viable option for you depends on your country and what you were studying. 

[eliottreid 9]

It's not an option as I was sponsored completely by the US gov. 

I should be done in August, my husdband will file in november and we will do the whole process and whenever the interview comes we will see what happens. I hope it will be around August. 

[ConOfficer 167]

I should also add that you're only subject to the 2 year requirement if whatever you were studying is on the "skills list" as established by your government and published by Dept. of State. When you received your J visa an officer may have stamped your visa "subject to 2 year residency requirement," but that doesn't necessarily mean they actually analyzed whether your course of study was subject to the residency requirement. Only an immigrant visa officer can make that decision after your interview. 

[geowrian 22,335]

9 minutes ago, ConOfficer said:

I disagree with this. Your husband can file his I-130 when you guys are ready. 

 

The consular officer will just tell you to contact the consulate when the two year requirement has been met. They will "refuse" you as required by the Immigration and Nationality Act, but they'll issue the visa as soon as the two years are up. You might hold off on getting your medical exam done until you get close to the 2 year mark.

That varies by embassy. Some COs may recommend a denial as the applicant is not qualified yet and send it back to USCIS. It can be reaffirmed there and sent back to the embassy, but that just seems like an unnecessary risk IMHO when you can just do the interview and get approved right there.

 

Edit: Let me just be clear...I'm just saying it's an unnecessary risk. You should be fine interviewing prior to the 2YHRR is met.

 

Edited February 26, 2017 by geowrian

[eliottreid 9]

2 minutes ago, ConOfficer said:

I should also add that you're only subject to the 2 year requirement if whatever you were studying is on the "skills list" as established by your government and published by Dept. of State. When you received your J visa an officer may have stamped your visa "subject to 2 year residency requirement," but that doesn't necessarily mean they actually analyzed whether your course of study was subject to the residency requirement. Only an immigrant visa officer can make that decision after your interview. 

Mine isn't under the skill list but Government funding. It shows on my DS2019. 

[Chewbacca 18]

I was a J1 scholar wit a 2 years HHR, and you can send the I-130 petition anytime (preferably not more than one year before the end of your requirement). Sometimes the petition can take 4, 5 months to be approved. When you get to the NVC stage, you can pay the choose the agent, pay the fees, and only when you have to fill the DS-260 form, there's a question in the form if you already completed the 2 years HHR. So, you can start your petition now, and if you get to this final stage before August, you can just wait to complete the DS-260 form. 

 

BTW, I came back to my country more than 2 years ago, however the days that you spend outside your home country (visiting your husband or just on vacation) do not count on those 2 years. I went to the interview and my visa was refused because of that. You MUST spend 730 days of physical presence in your home country. 

 

Do NOT go to the interview before your 2 years is done. Your visa WILL be refused and you will have to get another appointment for a interview. 

 

If you were funded by a government agency (Fulbright as example) you are subjected to the 2 years HHR and it's almost impossible to get a waiver from them. In your case, since you said that your requirement will be over by August, I would just start the process now. 

[eliottreid 9]

From people's timelines, it takes 2-3 months from DS260 to the interview so I should probably complete the form couple months before I'm done with the 2 year rule. 

[Carla Pas 0]

On 2/26/2017 at 10:35 PM, eliottreid said:

From people's timelines, it takes 2-3 months from DS260 to the interview so I should probably complete the form couple months before I'm done with the 2 year rule. 

Hi! I`m in the same situation you were. Did you end up submitting the DS260 before or after you were done with the 2YHRR? Thank you in advance!!!