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Filed: Timeline
Posted

to start with, we havn't filed the forms yet. (this would be the researching stage) :)

Last summer, I went and lived in Seattle, Wa. with my boyfriend. I was able to stay and work there for 4 months on a J-1. I am aware of the home resedency requirements, however, I'm not sure if I'm applicable. I checked my DS-2019, and neither "yes" nor "no" was ticked. D: ( I should file and RFE with them!)

my question is sort of silly. The only reason that would apply to me to make me have to stay in canada becuase of the HRR would be if I was funded by the government. I don't think I was. I never recieved any notice of being funded. Is there any way to tell if I'm required to stay in canada for another year due to funding issues?

While in Seattle, I didn't work for the government, or have any government training or anything.

When filing the I-129F, should I include a photocopy of my DS-2019?

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
to start with, we havn't filed the forms yet. (this would be the researching stage) :)

Last summer, I went and lived in Seattle, Wa. with my boyfriend. I was able to stay and work there for 4 months on a J-1. I am aware of the home resedency requirements, however, I'm not sure if I'm applicable. I checked my DS-2019, and neither "yes" nor "no" was ticked. D: ( I should file and RFE with them!)

my question is sort of silly. The only reason that would apply to me to make me have to stay in canada becuase of the HRR would be if I was funded by the government. I don't think I was. I never recieved any notice of being funded. Is there any way to tell if I'm required to stay in canada for another year due to funding issues?

While in Seattle, I didn't work for the government, or have any government training or anything.

When filing the I-129F, should I include a photocopy of my DS-2019?

There several more reasons why the rule may apply, even if you were not funded by the government. I myself had four J-1s in the past and only after the first one I had to stay in Ukraine for two years. There are two ways to check. First of all, look in your passport as to what your visa says. I just checked my 2004 J1 (four months on Work & Travel Program). It says at the bottom: "Bearer is not subject to section 212(e). Two year rule does not apply" Second way is to request authoritative opinion.

My latest J1(18 months 2006-07) did not have anything marked on DS-2019 either. However, my visa had the same note as I just cited. Thus, I did not worry about it.

Now, even if you do find out you are subject to two-year rule, DS-2019 shouldn't be included in the petition package. You will have to get a waiver and take it to the interview.

And last. If you did a four months summer program, I assume it was W&T. If so, do not worry about it. This program is not subject to 212(E).

Best of luck!

Ana

7829087.gif

07-22-2006 Met in Florida

09-02-2006 Been together ever since

12-09-2007 My visa expired, trip back home

01-16-2008 Dave visited me in Ukraine

04-22-2008 I-129F mailed out to Vermont

05-20-2008 I-129F returned

05-22-2008 Second attempt at filing I-129F

05-23-2008 Received by Mr. Novak

05-29-2008 NOA1 (6 days)

06-09-2008 Touched (Yay, violated for the 1st time)

07-02-2008 Touched again!!!

07-03-2008 Touched again!!!

08-29-2008 Dave's 2nd trip to Ukraine!

09-25-2008 NOA2 (126 days)

09-26-2008 Touched

09-??-2008 NVC Received

09-30-2008 NVC Left

10-02-2008 Noa2 hardcopy in the mail

10-03-2008 Embassy Received

11-05-2008 Medical

11-07-2008 Interview

11-14-2008 Visa Received

11-17-2008 Flight to Orlando :)

Filed: Timeline
Posted

Yes, you can try and ask for an Advisory Opinion with the Dept of State. You go on this website https://j1visawaiverrecommendation.state.gov/ and select the option "complete a survey". You need to have your passport and your DS 2019 available. Next, you are going to have to follow some staright forward instructions. You will get an answer in about 1 1/2 months. If you need more information, let me know :) I went through the same thing about 2 months ago :)

Filed: Other Country: China
Timeline
Posted
to start with, we havn't filed the forms yet. (this would be the researching stage) :)

Last summer, I went and lived in Seattle, Wa. with my boyfriend. I was able to stay and work there for 4 months on a J-1. I am aware of the home resedency requirements, however, I'm not sure if I'm applicable. I checked my DS-2019, and neither "yes" nor "no" was ticked. D: ( I should file and RFE with them!)

my question is sort of silly. The only reason that would apply to me to make me have to stay in canada becuase of the HRR would be if I was funded by the government. I don't think I was. I never recieved any notice of being funded. Is there any way to tell if I'm required to stay in canada for another year due to funding issues?

While in Seattle, I didn't work for the government, or have any government training or anything.

When filing the I-129F, should I include a photocopy of my DS-2019?

It's my understanding that home residency requirement status is noted directly on the visa. Have you looked at yours to see?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Timeline
Posted

I dont really know... I mean, I simply asked for the advisory opinion, got it in like 5 weeks (not subject), and we included a copy of that letter that said I was not subject in our I129F application. We figured that would save us a RFE, but again, might not even come up until the interview. We thought that 5 weeks was not a long time... especially since in case I was subject, we would have had to apply for a waiver and probably be denied the K1 until I got the waiver (which can take about 2 months to a year depending on the waiver you apply for)

I dont know. We did not include a copy of my ds 2019 in the I129F, just the not subject letter. Since youre almost sure youre not subject, you might start filing for I129F and for advisory opinion at the same time (it is free and easy) and when you go to the interview just bring a copy of the not subject letter. If there is a slight chance you might be subject, or even a doubt, I would ask for an advisory opinion first (at least that is what I did) :) good luck!

Posted

Check with the program you arranged the J 1 through. They should know if it's subject to the 2 year requirement.

My DIL had a J 1 here and we were not sure how it would affect her petition, but calculated her interview would probably not be until after the two years were up, which turned out to be correct. The petition was approved early in May and the 2 year mark was reached at the end of June. It shouldn't come up until the interview stage, so you have time to determine for sure if you are subject.

Filed: Timeline
Posted
In my passport, it says: (ontop of a stamp)

J1

d/s

what ever d/s means. my j-1 program was jsut a work/travel, so that's a good sign, but I will check that website out, just to be sure :)

thanks everyone

I'm trying to fill in that survey, however, it wants me to fill n information that I do not have. It's asking for my "Control number" as seen in this picture

https://j1visawaiverrecommendation.state.gov/niv.html

.. however, my j-1 looks nothing like this. The only proof that I had a J-1 at all, besides my DS-2019, would be a stamp in my passport that says "J-1" in the officer's scribble.

Is this normal?

Filed: Timeline
Posted

You should have the J1 Visa stamped on your passport as well; there you should find your control number: I am pretty sure you can type 00000000 (I think its ten digits) in place of the control number and then explain you didnt have one. Interesting!! Anyway, I would not worry too much: ask who sponsored your visa, but since you were on a work travel with no funding from either gov you should definitely be all set.

 
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