AOS for J-1 visa holders

[Sarfraz 0]

Hi,

I am in US on J-1 visa and applying for AOS on marriage base. It state on my J-1 visa that I am NOT subject to two year rule. Rule 212(e) does NOT apply.

Does this ensure that I am actually not subject to two year home residency rule and can apply for marriage based GC? OR could there be any hidden law that still enforces two year home residency rule on me? If there is any, then how can I ensure that I am not subject to any two year home residency rule???

Thanks in advance for your help

Cheers

[Sarfraz 0]

Hi,

I am in US on J-1 visa and applying for AOS on marriage base. It state on my J-1 visa that I am NOT subject to two year rule. Rule 212(e) does NOT apply.

Does this ensure that I am actually not subject to two year home residency rule and can apply for marriage based GC? OR could there be any hidden law that still enforces two year home residency rule on me? If there is any, then how can I ensure that I am not subject to any two year home residency rule???

Thanks in advance for your help

Cheers

Well, no help

I am asking this question because I read somewhere that even if your it is state on your visa that you are not subject to 2-year rule you might be. So I was wondering if there is anyone on this forum who were in similar situation OR if anyone may guide me how to re-confirm if I'm subject to 2-year rule ?

[JERIII 8]

Hi,

I am in US on J-1 visa and applying for AOS on marriage base. It state on my J-1 visa that I am NOT subject to two year rule. Rule 212(e) does NOT apply.

Does this ensure that I am actually not subject to two year home residency rule and can apply for marriage based GC? OR could there be any hidden law that still enforces two year home residency rule on me? If there is any, then how can I ensure that I am not subject to any two year home residency rule???

Thanks in advance for your help

Cheers

Well, no help

I am asking this question because I read somewhere that even if your it is state on your visa that you are not subject to 2-year rule you might be. So I was wondering if there is anyone on this forum who were in similar situation OR if anyone may guide me how to re-confirm if I'm subject to 2-year rule ?

I have read that, too.

According to the USCIS web site, you are subject to the 2-year rule if:

1. Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS-2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.

2. You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills (please see the Exchange Visitor Skill List for more information); or

3. You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.

The Exchange Visitor Skill List can be found on the NAFSA website. http://www.nafsa.org

My wife had been on a J-1 visa, although she did not adjust from it. During our interview, the IO did ask about it - it was the only thing she asked about in detail, but when we gave her copies of the DS-2019s that showed no return requirement, she was fine with that.

[Sarfraz 0]

Hi,

I am in US on J-1 visa and applying for AOS on marriage base. It state on my J-1 visa that I am NOT subject to two year rule. Rule 212(e) does NOT apply.

Does this ensure that I am actually not subject to two year home residency rule and can apply for marriage based GC? OR could there be any hidden law that still enforces two year home residency rule on me? If there is any, then how can I ensure that I am not subject to any two year home residency rule???

Thanks in advance for your help

Cheers

Well, no help

I am asking this question because I read somewhere that even if your it is state on your visa that you are not subject to 2-year rule you might be. So I was wondering if there is anyone on this forum who were in similar situation OR if anyone may guide me how to re-confirm if I'm subject to 2-year rule ?

I have read that, too.

According to the USCIS web site, you are subject to the 2-year rule if:

1. Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS-2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.

2. You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills (please see the Exchange Visitor Skill List for more information); or

3. You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.

The Exchange Visitor Skill List can be found on the NAFSA website. http://www.nafsa.org

My wife had been on a J-1 visa, although she did not adjust from it. During our interview, the IO did ask about it - it was the only thing she asked about in detail, but when we gave her copies of the DS-2019s that showed no return requirement, she was fine with that.

Thanks for the detailed informatoin mate

Just one last question though, where on DS-2019 it state "no return requirement" ?

cheers,

[JERIII 8]

Hi,

I am in US on J-1 visa and applying for AOS on marriage base. It state on my J-1 visa that I am NOT subject to two year rule. Rule 212(e) does NOT apply.

Does this ensure that I am actually not subject to two year home residency rule and can apply for marriage based GC? OR could there be any hidden law that still enforces two year home residency rule on me? If there is any, then how can I ensure that I am not subject to any two year home residency rule???

Thanks in advance for your help

Cheers

Well, no help

I am asking this question because I read somewhere that even if your it is state on your visa that you are not subject to 2-year rule you might be. So I was wondering if there is anyone on this forum who were in similar situation OR if anyone may guide me how to re-confirm if I'm subject to 2-year rule ?

I have read that, too.

According to the USCIS web site, you are subject to the 2-year rule if:

1. Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS-2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.

2. You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills (please see the Exchange Visitor Skill List for more information); or

3. You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.

The Exchange Visitor Skill List can be found on the NAFSA website. http://www.nafsa.org

My wife had been on a J-1 visa, although she did not adjust from it. During our interview, the IO did ask about it - it was the only thing she asked about in detail, but when we gave her copies of the DS-2019s that showed no return requirement, she was fine with that.

Thanks for the detailed informatoin mate

Just one last question though, where on DS-2019 it state "no return requirement" ?

cheers,

Near the bottom of page 1, there a place where the consular officer checks either "not subject to the two-year residence requirement" or "subject to..."

(Again, it is a preliminary endorsement, but the IO was happy with it.)

What country are you from?

[Sarfraz 0]

Thanks for the detailed informatoin mate

Just one last question though, where on DS-2019 it state "no return requirement" ?

cheers,

Near the bottom of page 1, there a place where the consular officer checks either "not subject to the two-year residence requirement" or "subject to..."

(Again, it is a preliminary endorsement, but the IO was happy with it.)

What country are you from?

Thanks again! I'm from Pakistan.

[JERIII 8]

Thanks again! I'm from Pakistan.

Pakistan imposes the two-year residence requirement in a fairly large number of fields, so you might want o check the list to be sure. (What is your J-1 in?)

[English Muffin 59]

Moving from AOS from Marriage Based Visas to Student, Work & Tourist visas.

[Sarfraz 0]

Thanks again! I'm from Pakistan.

Pakistan imposes the two-year residence requirement in a fairly large number of fields, so you might want o check the list to be sure. (What is your J-1 in?)

Hello,

You scared me . Now you guidance/judgement/suggestion is highly requied, pleaseee

1- I did a complete research and find out on the Nafsa website under "2009 Revised Exchange Visitor Skills List" that Pakistan has removed hismself from the 2009 list. Following is the link with the list of countries that are removed from 2009 list.

http://www.nafsa.org/regulatory_informatio...evised_exchange

2- It state on my J-1 visa that I am not subject to two year rule.

3- I received two DS-2019. On my first DS-2019 (lower left side) they check that I am not subject to two year rule.

Question: It seems like I will fine to apply for AOS while in US. But is there any other way to confirm if I two year rule still apply???

I look forward to your response...

[Sarfraz 0]

Thanks again! I'm from Pakistan.

Pakistan imposes the two-year residence requirement in a fairly large number of fields, so you might want o check the list to be sure. (What is your J-1 in?)

By the way, I am working as a IT Business Analyst...

[JERIII 8]

Thanks again! I'm from Pakistan.

Pakistan imposes the two-year residence requirement in a fairly large number of fields, so you might want o check the list to be sure. (What is your J-1 in?)

Hello,

You scared me . Now you guidance/judgement/suggestion is highly requied, pleaseee

1- I did a complete research and find out on the Nafsa website under "2009 Revised Exchange Visitor Skills List" that Pakistan has removed hismself from the 2009 list. Following is the link with the list of countries that are removed from 2009 list.

http://www.nafsa.org/regulatory_informatio...evised_exchange

2- It state on my J-1 visa that I am not subject to two year rule.

3- I received two DS-2019. On my first DS-2019 (lower left side) they check that I am not subject to two year rule.

Question: It seems like I will fine to apply for AOS while in US. But is there any other way to confirm if I two year rule still apply???

I look forward to your response...

We're beyond what I really know here, but I'll try to help. The 2009 Exchange Visitor Skills List applies to exchange visitors who acquire J-1 status on or after June 28, 2009. You are correct, Pakistan is not on that list. It is on the earlier list. The NAFSA website says the following:

Effect of countries that have removed themselves from the 2009 list

There are a number of countries that were on the 1997 Skills List, that do not appear on the 2009 Skills List. In the 1997 Federal Register notice that removed the Czech Republic from the 1997 skills list, USIA had also clarified that "in the case of all governments which have requested removal from the skills list, their citizens are retroactively no longer required, on the basis of the skills list, to comply with the two-year home residence requirement of 212(e) of the Immigration and Nationality Act." Based on the wording of the 1997 notice and preliminary discussions with DOS, this policy should also apply to the 2009 list, although DOS has not yet put that in writing. See the table below for a list of countries that have been removed in the 2009 Skills List.

(from: http://www.nafsa.org/regulatory_informatio...vised_exchange)

That would seem to me to mean that you are fine.

I don't know of any way to be sure. I would take a printout of the page with me to the interview.

[Sarfraz 0]

Thanks a million!

I have another question:

Background:

Expiry date on my I-94 is: D/S

My J-1 expired on: May-05

My Ds-2019 will expire on: July-20th

Question:

On I-130 Question-14 ask for "Date authorized stay expired, or will expire, as shown on Form I-94 or I-95" what should I write there: "D/S" or my DS-2019 expiry date that is "July-20th" ???

On I-485 Part-1 ask for "Expires On", Is this about visa or I-94? what should I write there: "D/S" or my DS-2019 expiry date that is "July-20th" ???

Look forward to your thoughts on this

Thanks for help!!!