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Filed: AOS (pnd) Country: France
Timeline
Posted

Hi everyone,

I am a US citizen, my wife was a J1 visa holder and sent an AOS package on August 25th. We just did a biometrics walk-in. She is NOT subject to the 2year requirement since that is written on both her visa and DS2019 and her exchange program wasn't financed by the US or French government.

Here is my question, when you did AOS from a J1 Visa assuming you didn't have any 2 year requirement, did USCIS send an RFE asking for more evidence of no 2yr requirement? I read somewhere that it's possible to get a RFE for that asking for an advisory opinion from the department of state, but apparently this takes almost 2 months to process!

Will I get a RFE for that? Did you supply extra documents to USCIS besides the required docs for the J1 visa?

Thanks for your help!

I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

Filed: AOS (pnd) Country: France
Timeline
Posted

I am in the same process. I received a J1 intern and am in the AOS process after marrying my american husband.

I don't see why USCIS would ask for more than what is stated on your wife's passport and DS2019, i.e. that the box "subject to the 2 years rule" has not been checked by the French Embassy, when her visa has been issued.

Usually, people are subject to this rule when their internship or training has been sponsored and funded by the US Government or the Government of the country of origin, like the Fullbright fellowships.

Requiring more evidence would mean that they're thinking the Embassy did not its job, no?

2007: Buenos Aires

2008: New York

2009: New York, Paris

03/12/2010: Came to Chicago under J1

09/14/2010: Got married!

09/16/2010: Sent AOS application, I-130, I-131 and I-765

09/24/2010: NOA1

09/27/2010: I-485 touched

11/18/2010: I-131 approved

11/19/2010: Biometrics

02/09/2011: Green Card interview

Mid Feb 2011: Green Card received!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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