RFE - J1 Visa

[criandjen 0]

We received an email from NVC asking us evidence. Anyone experienced the same?

______CORRESPONDENCE INSTRUCTIONS:_________________________________

When responding to the National Visa Center, please include the bar code sheet that came with this

letter. Failure to include the bar code sheet may cause a delay in the processing of your case. The bar

code sheet should be placed on top of all documents being submitted for this case and mailed to the

address provided.

______DS-230-I:____________________________________________________

It appears that you have been in the United States as an Exchange Visitor. As

you know, certain participants in Exchange Visitor Programs are ineligible to

receive an immigrant visa until they have resided for two years in their country of

nationality (or country of last residence) following the completion of their stay in

the U.S. An annotation regarding the applicability of the two-year foreign

residence requirement to your case should appear in the lower-left hand corner

of your Exchange Visitor Certificate of Eligibility (Form IAP-66). Please submit a

copy of the form to this office. If you no longer possess the IAP-66, please

submit a statement containing the following information: 1) The name of the

organization sponsoring your Exchange Visitor Program, its address and the

number of the Program. 2) The date on which you obtained your Exchange

Visitor visa, or date you acquired such status after admission to the U.S. and the

date of termination of your Exchange Visitor status. 3) The country of which you

were a national and resident or, if not a national, a lawful permanent resident, at

the time you obtained your Exchange Visitor status in the U.S. 4) Your

occupation and the field of specialization in which you pursued your studies

during your Exchange Visitor Program. 5) Whether your participation in the

Program was financed in whole or in part by a U.S. Government agency, the

government of your country of nationality/last residence, or a travel grant, if any.

6) Whether you are a physician who participated in an Exchange Visitor Program

to receive a graduate medical education or training. No further action may be

taken on your immigrant visa application until you provide this office with a copy

of your Form IAP-66 or a statement containing the above information.

[kotana 2]

Hi there. We received the same letter. What they need is your certificate of eligibility the new DS-2019 former IAP-66. If you don't have this a copy of your visa might work. Luckily I had mine.

Also a little tip - you can email it to them with the standard email form so it goes faster.

good luck

[criandjen 0]

Hi there. We received the same letter. What they need is your certificate of eligibility the new DS-2019 former IAP-66. If you don't have this a copy of your visa might work. Luckily I had mine.

Also a little tip - you can email it to them with the standard email form so it goes faster.

good luck

We asked about email and they said the want regular mail.

I had the visa J1 in 2005 and i am not sure i can provide the form IAP-66. Would suffice a copy of the visa enclosed in the passport?

[kotana 2]

Hi there. We received the same letter. What they need is your certificate of eligibility the new DS-2019 former IAP-66. If you don't have this a copy of your visa might work. Luckily I had mine.

Also a little tip - you can email it to them with the standard email form so it goes faster.

good luck

We asked about email and they said the want regular mail.

I had the visa J1 in 2005 and i am not sure i can provide the form IAP-66. Would suffice a copy of the visa enclosed in the passport?

If you don't have the IAP-66 i suggest you do the alternative they requested - explanations, copies of all the documents, copy of the visa. You only had one J-1 visa in 2005? This doesn't sound right, because they want to check whether your visa required you to stay in your home country for 2 years, but 2 years have passed since 2005, so i don't know why they would request this. we submitted my IAP-66 in an email and the system said "we have received the checklist response" blah blah the next day, so email worked for us.

[oceansea1 0]

i have the same situation, they requested IAP-66 for my j-1 from 2003!!!??? i didn't have the ols DS-2019and just sent them the copy of my visa via regular mail. now waiting to see whether they will accept it.

[nedino 0]

You only need to send Form DS-2019 to show that you are not subject to the 2-year home country residency requirement. If you are subject to the 2-year requirement, you need to send all other documents, prooving that you have been in your home country for 2 full years.

As of September 1, 2002, Form DS-2019 replaces the IAP-66 as the official form to be used in the administration of the exchange visitor program. So Form IAP-66 applies only to J1 holders prior to 2002.

The reason the NVC needs proof of the 2 years for J1 holders that have been in the U.S. more than 2 years ago is because the requirement is to spend 2 years in your home country. You could have gone to another country after your J1 stay in the U.S. and hence still be subject to the two year requirement.

I got the same RFE. Send the DS-2019 on April 7th and my case has been pending since. Very very frustrating, as my wife is not subject ot the 2-year requirement, as clearly indicated in the bottom left corner of the form.

[oceansea1 0]

i know it all, and i was not subject to the requirement either, and was granted student visa immediately after my j-1 so it was obvious that i didn't have that requirement, still i guess they are just following the protocol without a common sense approach...i missed may interview because of that, unfortunately, and i was so angry when i got this RFE because there was no mention of any specific documents to be sent to NVC in case the applicant was ever on j-1 visa....uhhhh...

[patita 0]

i only have copy of my visa in the passport - i hope it will be sufficient should i a letter saying why i attached this copy of my visa?

[oceansea1 0]

yes, attach an explanation to the copy of your j-1 visa. also, try to provide them with the information stated in the first post above.

[oceansea1 0]

yes, attach an explanation to the copy of your j-1 visa. also, try to provide them with the information stated in the first post above.

[patita 0]

next question is: since i didnt get the 2 years rule - is it possible that it was a mistake at the embassy when i applied for the J-1 visa for my internship. I just woke up and I had that kind of a dream! i freak out is it possible that they might tell me that I was supposed to get one but i didnt get one? i am just looking for the worst possibilities

[kotana 2]

next question is: since i didnt get the 2 years rule - is it possible that it was a mistake at the embassy when i applied for the J-1 visa for my internship. I just woke up and I had that kind of a dream! i freak out is it possible that they might tell me that I was supposed to get one but i didnt get one? i am just looking for the worst possibilities

If you are applying for a visa now, your J-1 visa should say that you are "not subject to the 2-year rule". I think, from what I read, you are fine.

nedino - our case got complete pretty quick after they received the ds-2019 - 3 days. So you are almost there

ocenasea - we waited for almost 1 month to find out that we have to mail this DS-2019 - i completely udnerstand how you feel, we missed may interviews also, because they couldn't decide for 3 weeks what exactly they want from us arghh

[patita 0]

next question is: since i didnt get the 2 years rule - is it possible that it was a mistake at the embassy when i applied for the J-1 visa for my internship. I just woke up and I had that kind of a dream! i freak out is it possible that they might tell me that I was supposed to get one but i didnt get one? i am just looking for the worst possibilities

If you are applying for a visa now, your J-1 visa should say that you are "not subject to the 2-year rule". I think, from what I read, you are fine.

I hope Im fine cuz my internship was in Hospitality field - which i think was on the skills list. I am so scared!

So on Ds-230 i just put that it was J-1 visa - without addnotation what kind of program it was. I will attach separate sheet of paper saying why i am attaching copy of my previous visa. but what if it was a mistake that i didnt get the 2 years rule requirement?

[kotana 2]

next question is: since i didnt get the 2 years rule - is it possible that it was a mistake at the embassy when i applied for the J-1 visa for my internship. I just woke up and I had that kind of a dream! i freak out is it possible that they might tell me that I was supposed to get one but i didnt get one? i am just looking for the worst possibilities

If you are applying for a visa now, your J-1 visa should say that you are "not subject to the 2-year rule". I think, from what I read, you are fine.

I hope Im fine cuz my internship was in Hospitality field - which i think was on the skills list. I am so scared!

So on Ds-230 i just put that it was J-1 visa - without addnotation what kind of program it was. I will attach separate sheet of paper saying why i am attaching copy of my previous visa. but what if it was a mistake that i didnt get the 2 years rule requirement?

the embassies rarely make mistakes with that stuff. do you have your ds-2019? if yes, attach that rather than your visa. What does your visa say? is there a line on your visa that says "two-year rule does not apply" "Bearer not subject to section 212(E)"

Edited April 22, 2009 by kotana

[oceansea1 0]

i doubt there could be a mistake. they will act according to what is stated on your j-1 visa. i doubt there will be someone to inquire further if you provide this immediate proof. were you with the work and travel program? that program for sure does not have a 2-year requirement.