J-1 visa (Au Pair), 2 year residence requirment after extented J-1

[petite soleil 2]

Hi,

I was in the U.S. with an J-1 visa, for 1,9 years. On my first DS-2019 form it says "NOT subject to the two year residence requirement" and now I was reading in the internet that only when you extend your program you need to fulfill the 2 year residence requirement. Does anybody know if this is true? I am having my interview for my K-1 visa in 2 days and got an email today that I need to provide additional documents from my J-1 visa. Thats why it made me kinda worried if I have to stay home for 2 years or not. Please help!!!!

[USColombia 6]

My fiancee was on a J1 as an au pair and on her visa it says that she doesn't have to stay in her home country for X amount of years before returning to the US. I would check on your visa to see if it's worded on there. Otherwise, I would assume if you have gotten this far in processing, you don't have any blocks on your account. Otherwise they would of just denied you already I assume.... My fiancee did not extend her J1 visa beyond the one year however.

What additional documents are they asking for?

[JimVaPhuong 4,863]

Hi,

I was in the U.S. with an J-1 visa, for 1,9 years. On my first DS-2019 form it says "NOT subject to the two year residence requirement" and now I was reading in the internet that only when you extend your program you need to fulfill the 2 year residence requirement. Does anybody know if this is true? I am having my interview for my K-1 visa in 2 days and got an email today that I need to provide additional documents from my J-1 visa. Thats why it made me kinda worried if I have to stay home for 2 years or not. Please help!!!!

Is the HRR box on the J1 visa checked? Does it indicate you are not subject to the HRR on your IAP-66? My understanding is that if both the visa and the IAP-66 indicate you're not subject to the HRR then that's the final determination. You usually get a new IAP-66 when you extend your status.

[petite soleil 2]

I don't have such a thing as a IAP-66. I got a J-1 visa in my passport and 2 DS-2019 forms. The first I got with my visa back in Germany when I applied for it and on the form it is checked in a box "Does NOT apply for the 2 year residence requirement" and I got the other DS form when I extended my program for additional 9 months but on this form NO box is checked. So I dont know if the rule applies or not...

What HHR box do you mean? On my visa it just says my name, passport number, entries, annotation, issue date, exp date, visa type and class, control number, natinality, birth date, sex.

[USColombia 6]

I don't have such a thing as a IAP-66. I got a J-1 visa in my passport and 2 DS-2019 forms. The first I got with my visa back in Germany when I applied for it and on the form it is checked in a box "Does NOT apply for the 2 year residence requirement" and I got the other DS form when I extended my program for additional 9 months but on this form NO box is checked. So I dont know if the rule applies or not...

What HHR box do you mean? On my visa it just says my name, passport number, entries, annotation, issue date, exp date, visa type and class, control number, natinality, birth date, sex.

I was told when asking about my fiancee's visa, that if it says "Does NOT apply for the 2 year residence requirement" that you are safe. We haven't had our interview yet, but we have passed the NVC stage so my assumption is, if it was going to be a problem, it would of already popped up.

Let me know how it goes! Good luck!!!

[paojack 41]

I was told when asking about my fiancee's visa, that if it says "Does NOT apply for the 2 year residence requirement" that you are safe. We haven't had our interview yet, but we have passed the NVC stage so my assumption is, if it was going to be a problem, it would of already popped up.

Let me know how it goes! Good luck!!!

hey USColombia, I have a question... I was too an au pair and thank God for me it does not apply the 2 year rule. The thing is, when I was filling my DS 260 for the interview there is a question where they ask if you were a former J visa holder and have not fulfill the 2 years residence in your country... My answer is that Yes I was and have not fulfill the 2 years yet BUT my visa states that does not apply for me. Should I say YES and give that explanation ??? does it matter for them?

[payxibka 10,044]

a J-1 for an au pair is typically NEVER subject to 2 yr. HRR...

[gmoa 0]

This is funny, I was thinking about the EXACT same thing last night... So even if the J-1 au pair extends her stay to the second year, the 2-yr HRR almost never applies? We were trying to find on the DS-2019 last night but it is all gibberish to me... I tend to be an "over-worrier" so it's kind of been on my mind even though all her friends who were J-1's never had the HRR problem. But I think, what if she is the one exception and then has to go back for two years! Seems ridiculous to me because we are planning to get married in September and based on the J-1 extended status she must return in October, so it doesn't make sense they would have to go back for two years....

[USColombia 6]

hey USColombia, I have a question... I was too an au pair and thank God for me it does not apply the 2 year rule. The thing is, when I was filling my DS 260 for the interview there is a question where they ask if you were a former J visa holder and have not fulfill the 2 years residence in your country... My answer is that Yes I was and have not fulfill the 2 years yet BUT my visa states that does not apply for me. Should I say YES and give that explanation ??? does it matter for them?

Not entirely sure as I'm at the same stage as you. But I would be honest and say yes. Then I would write your explanation (is there room?) and attach a copy of the visa so they can see it for themselves.

[paojack 41]

Not entirely sure as I'm at the same stage as you. But I would be honest and say yes. Then I would write your explanation (is there room?) and attach a copy of the visa so they can see it for themselves.

yeah, I definitely want to be honest too about everything, dont want to mess everything up for a simple thing... Yes, when u answer 'Yes' to that question there is a space to give an explanation which is great! What you can not do is attach a copy of the old J1 visa but I am sure they have ALL that info in their records so I would not worry much about it, besides we have to bring the passport to the interview and they can see it for themselves there!

[love100 0]

Hey there i was an aupair as well, and i stayed for 2 years in USA (aupaircare agency).

I applied before for a tourist visa and that was not an issue at all, they denied me the visa based on that i didnt have much ties in my home country, but they didnt say anything about the 2 years home requirement, and i think that does now apply to us.. I have a few friends from diferent countries that were aupairs and that have stayed 2 years in USA as aupairs an then they extended their visa or got marry with no problems.

and in the form DS 260 i THINk YOU SOHULD ANSWER "NO" because even if u were an aupair you are not subjet to the 2 years requirement, that question is for people that have J1 visas SUBJECT TO THE 2 YEARS HOME REUIREMENT and need a WAIVER!! that is the reason why is asking you.. if you are not subject to the 2 years home requirement that question does not apply to you!!

[USColombia 6]

Good points. Has anyone out there been through the process and what did they answer?

Your other option is to call the embassy and ask what they recommend...

[paojack 41]

Hey there i was an aupair as well, and i stayed for 2 years in USA (aupaircare agency).

I applied before for a tourist visa and that was not an issue at all, they denied me the visa based on that i didnt have much ties in my home country, but they didnt say anything about the 2 years home requirement, and i think that does now apply to us.. I have a few friends from diferent countries that were aupairs and that have stayed 2 years in USA as aupairs an then they extended their visa or got marry with no problems.

and in the form DS 260 i THINk YOU SOHULD ANSWER "NO" because even if u were an aupair you are not subjet to the 2 years requirement, that question is for people that have J1 visas SUBJECT TO THE 2 YEARS HOME REUIREMENT and need a WAIVER!! that is the reason why is asking you.. if you are not subject to the 2 years home requirement that question does not apply to you!!

I totally agree that it should not be a problem and I think it wont hurt if I just say yes and give the explanation that doesn't apply to me. I think thats what I will do. Better safe than sorry.

Good points. Has anyone out there been through the process and what did they answer?

Your other option is to call the embassy and ask what they recommend...

the people in the US Consulate in Mx dont seem to know much so I will just go ahead and answer yes.

[love100 0]

I totally agree that it should not be a problem and I think it wont hurt if I just say yes and give the explanation that doesn't apply to me. I think thats what I will do. Better safe than sorry.

the people in the US Consulate in Mx dont seem to know much so I will just go ahead and answer yes.

The form doesnt say J-1 visa it says visitor exchange visa or something like, how are u going to answer yes to something that doesnt and never applied to you!! And your embassy in MEXICO does know that, they work with cases like yours every day.. !!Plus it is a form that doesnt allow attachments.Its not like it asks you why? and give you some space for to explain why in this case it doesnt apply to you.

2 years home requirements doesnt apply to aupair visas, they are talking about other kind of visas .If you take a better look to the form it doesnt say "J-1 visas for au-pairs"

It is simple if you are subject to the 2 years home requiremente you have to answer yes and get a waiver, if you are not,answer No.

Do you think that all of those people with J-1 visas are answering yes to this question and attaching an explination saying " I answer yes to that question, but it doesnt apply to me...".

I have friends (au pairs)that applied for different kind of visas and in their forms they had to answer the same question and they answered "NO"...because the 2 year home requirement didnt apply to them

I think you should email your embassy with this question!!

GOOD LUCK

[paojack 41]

The form doesnt say J-1 visa it says visitor exchange visa or something like, how are u going to answer yes to something that doesnt and never applied to you!! And your embassy in MEXICO does know that, they work with cases like yours every day.. !!Plus it is a form that doesnt allow attachments.Its not like it asks you why? and give you some space for to explain why in this case it doesnt apply to you.

2 years home requirements doesnt apply to aupair visas, they are talking about other kind of visas .If you take a better look to the form it doesnt say "J-1 visas for au-pairs"

It is simple if you are subject to the 2 years home requiremente you have to answer yes and get a waiver, if you are not,answer No.

Do you think that all of those people with J-1 visas are answering yes to this question and attaching an explination saying " I answer yes to that question, but it doesnt apply to me...".

I have friends (au pairs)that applied for different kind of visas and in their forms they had to answer the same question and they answered "NO"...because the 2 year home requirement didnt apply to them

I think you should email your embassy with this question!!

GOOD LUCK

J1(au pair visas) are under the category of The Exchange Visitor (J) non-immigrant visa. Anyways... either way (saying no or yes/explanation)I dont think it will affect at all.

Edited June 9, 2011 by paojack