Two year home country residence clause?

[Islapaz 41]

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

[Bernie C 24]

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!

[Brother Hesekiel 2,235]

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.

[A&R&Jacob 0]

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.

[Audy_Rob 26]

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.

[1HappyGuy 45]

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.

[Rebecca Jo 1,962]

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.

[Islapaz 41]

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!!