Jump to content
Sign in to follow this  
Islapaz

Two year home country residence clause?

8 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Ukraine
Timeline

Hi all!!! We just file a I-129F and got our NOA1. We are just starting the process. Now I read about the "Two year home country residence clause" and I am confused and worried. My fiance is from Ukraine but has been living out of Ukraine for 5 years. While doing his PhD in Germany and now working in France. Does this clause means that he need to go back to Ukraine , live there 2 more years and then is that we are able to file fiance visa in Kiev?

Thanks all for the help :)


Uniting for Ukraine

1-134 submitted - 4/25/2022

I-134 approved - 4/29/2022

Email received by beneficiary - 5/4/2022

Beneficiary submits data to USCBP - 5/4/2022

Received information about travel authorization from USCBP - 5/6/2022 (Approval but no Travel Authorization Document)

Travel Authorization Document- 5/16/2022

 

Share this post


Link to post
Share on other sites

Where are you reading this from?

There is a two year home residency requirement with some US J-1 visas but that does not sound applicable since you never mentioned him being here in the US.

Need a little clarification on your subject to determine exactly what is going on!


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

Share this post


Link to post
Share on other sites
Filed: Other Timeline

The 2-year home residency requirement is for foreigners who studied in the US with a J-visa in a field that required public funds. In order to make sure the student's home country can benefit from the studies, he or she has to return to their home country and stay there for at least 2 years.

If such a student were to marry a USC, a waiver would have to be obtained in order to adjust status from within the US, or to approve a CR-1 or DCF from outside the US.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

I don't think it means that your fiancé would have to go back to Ukraine and live there for two years - i think they just need to live outside of the USA following their departure from the States (expiry of J-visa). Basically if he was in the States for some time on J-visa he wouldn't be able to re-apply for the same visa and perhaps K visa within the first two years of his leaving the States. I would be worth to find a document to corroborate it though as i'm not entirely sure.


Agnieszka (beneficiary)

K1 I129

Service Center: Vermont Service Center

Consulate : London, England

I-129F Sent : March 3,2010

I-129F NOA1 : March 13,2010

I-129F NOA2 : July 8,2010 (55 days)

Packet 3 Received : July 28,2010

Packet 3 Sent : August 10,2010

Medical: August 31,2010 (London)

Packet 4 Received

Interview Date : October 25,2010 (approved)

Passport/visa received

US POE: Chicago, December 28,2010

AOS I485/ EAD I765/ AP I131

AOS sent/delivered: March 19/21,2011

NOA email/text notification (x3): April 22, 2011

NOA (x3) hard copy received: April 27, 2011

Biometrics letter received: May 02, 2011

Case transferred to California(email): May 16, 2011

AP/travel document approved(email): May 18, 2011

Biometrics appointment: May 23, 2011

EAD/employment approved(email): May 26, 2011

EAD/AP card received: June 4, 2011

AOS/I485 approved: June 28, 2011

AOS approval notification email: July 1, 2011

Green Card received: July 8, 2011 (exactly a year from NOA2 for K1 visa)

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Thailand
Timeline

I don't think it means that your fiancé would have to go back to Ukraine and live there for two years - i think they just need to live outside of the USA following their departure from the States (expiry of J-visa). Basically if he was in the States for some time on J-visa he wouldn't be able to re-apply for the same visa and perhaps K visa within the first two years of his leaving the States. I would be worth to find a document to corroborate it though as i'm not entirely sure.

Cannot Apply for the K, L or H class visas. Clearly listed in the J-1 visa information on the DoS web site.


Naturalization N-400

Share this post


Link to post
Share on other sites

I think the only thing you will find is where the application will be ultimately adjudicated by the state department. In most cases the embassy in the applicant's home country is going to process the final application. So in all likelihood, he will need to return to Kiev for the final application process. Also, read up about the police reports so you know which locations are required for completion of the application.

Share this post


Link to post
Share on other sites

The 2-year home residency requirement is for foreigners who studied in the US with a J-visa in a field that required public funds. In order to make sure the student's home country can benefit from the studies, he or she has to return to their home country and stay there for at least 2 years.

If such a student were to marry a USC, a waiver would have to be obtained in order to adjust status from within the US, or to approve a CR-1 or DCF from outside the US.

J1's are not just students.

Au pair and EduCare; Student, secondary; Camp Counselor Summer work/travel;Government Visitor;Teacher

Intern; Trainee and Flight Training; International Visitor (Dept. of State use);Physician; Professor and Research Scholar; Summer work/travel: Australians; Short-term Scholar; Summer work/travel: New Zealanders

Specialist; Intern work/travel: Irish; Student, college/university; Work/English Study/Travel: South Koreans

Getting a waiver for the J1 return residency requirement often takes as long as waiting out the residency.

Bottom line though as Bernie C says, if the fiance has never even been to the US, there can't possibly be a home residency requirement.

I think the only thing you will find is where the application will be ultimately adjudicated by the state department. In most cases the embassy in the applicant's home country is going to process the final application. So in all likelihood, he will need to return to Kiev for the final application process. Also, read up about the police reports so you know which locations are required for completion of the application.

No. You can interview for a visa in the country in which you live, as long as you are legally resident in that country.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline

Thanks all for the clarification! I just got a minute of panic and confusion :) He has never been in USA so there should be no problem. Also we are having interview, if all goes fine in Kiev. We ask on USA embassy in Paris and even tho my fiance is resident of France, they told he must go for interview in Kiev. Now we are trying to find all police reports and get them translated. As we need from France, Germany and Ukraine. Thanks all!!


Uniting for Ukraine

1-134 submitted - 4/25/2022

I-134 approved - 4/29/2022

Email received by beneficiary - 5/4/2022

Beneficiary submits data to USCBP - 5/4/2022

Received information about travel authorization from USCBP - 5/6/2022 (Approval but no Travel Authorization Document)

Travel Authorization Document- 5/16/2022

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...