Jump to content
Dane2American

Previous J-1 and HRR. Though: with different name

 Share

9 posts in this topic

Recommended Posts

Hey all.

I went to the US to study on a J-1 visa in May 2009. However I was subject to the 2yr-HRR. Now I have 2 questions.

1. When does the 2 years count from ? The issuance of the J-1 visa or when you entered the US or when you left the US ?

2. I changed my name since then, and so now I am applying for a K-1 visa, if I am still subject to the HRR, should I not mention my J-1 visa on the DS-230 and DS-156 since the J-1 was using a different name. I mean in order to avoid being subject to HRR ?

Thanks for your help/advice.

BTW: My interview for K-1 visa is in June, so I don't really have the time and are willing to spend +600$ on a HRR waiver not to mention I heard they take months.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

1) HRR (home residency requirement) means 2 years after you complete

2) of course you need to mention it. One part of the visa application is for you to detail all your names since birth

YMMV

Link to comment
Share on other sites

I mean in order to avoid being subject to HRR ?<BR sab="237">

Yes - that is the path to go down, misrepresentation - not good.... :devil:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites

BTW: My interview for K-1 visa is in June, so I don't really have the time and are willing to spend +600$ on a HRR waiver not to mention I heard they take months.

You must do this. Lying or withholding the truth is called material misrepresentation and will get you a lifetime, unwaiverable ban from the US. HRR starts when you leave the country.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

You must do this. Lying or withholding the truth is called material misrepresentation and will get you a lifetime, unwaiverable ban from the US. HRR starts when you leave the country.

HRR actually starts when you begin to reside in your country... not depart the USA

YMMV

Link to comment
Share on other sites

  • 1 month later...
Filed: J-1 Visa Country: Italy
Timeline

hello, i left the US on the 12th of may 2011, when does my HRR start???

My J-1 visa says that : "BEARER IS SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES APPLY."

It says that I'm subject to the HOME RESIDENCE REQUIREMENT because of GOVERNMENT FINANCING, which is a huge mistake since I never received money from my government for studying in the US.

How should I deal with this??

Link to comment
Share on other sites

hello, i left the US on the 12th of may 2011, when does my HRR start???

My J-1 visa says that : "BEARER IS SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES APPLY."

It says that I'm subject to the HOME RESIDENCE REQUIREMENT because of GOVERNMENT FINANCING, which is a huge mistake since I never received money from my government for studying in the US.

How should I deal with this??

Was it funded by the State Dept? That also carries 2yr HRR.

It starts when you set foot on your home country soil.

ROC 2009
Naturalization 2010

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Thank for the answer.

No, it was completely funded by myself and my parents.

"Government financing" doesn't always mean the government gave money directly to you. Often it simply means you used a program which is funded, in whole or in part, by the government. If you believe the HRR was applied incorrectly in your case then file for a waiver of the HRR on that basis.

You won't be able to argue this point with a consular officer. As long as the HRR marker is in your file, if you haven't waited out the two years then you won't get a visa. Apply for the waiver.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
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
- 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...