HRR, two year residency requirement?

[Danielb4643 0]

HELP!

My fiance and I are on onto the interview stage of the K1 visa and are still constantly trying to find information on our case and situation and making sure we cover all bases.

We have discovered this residency requirement and are now totally defeated and gutted because we don't know what is going to happen. Struggling with who to talk to, I am posting in hopes that someone can please give us advice.

Is this from the last time my fiance entered the United States or from his last visa entry?

Just don't really understand how it works and also on the travelstate.gov website, it says that my English fiance must stay in England for two years consecutively with seems outrageous because we travel a lot together...

If anyone can advise us on this please please we could use any information possible!!!

Thank you!

Danny and Sami

[kzielu 1,144]

http://en.wikipedia.org/wiki/J-1_visa - 2 year period starts once J1 holder with HHR leaves US - as far as I know...

The way out of it is a waiver - but first - are you sure HHR applies to your fiance ?

Edited July 17, 2011 by kzielinski

[Operator 1,925]

Sounds like you need to provide some more information to get a good answer. Is he here on a J-1 now?

Also updating your timeline would be helpful.

[payxibka 10,044]

http://en.wikipedia.org/wiki/J-1_visa - 2 year period starts once J1 holder with HHR leaves US - as far as I know...

The way out of it is a waiver - but first - are you sure HHR applies to your fiance ?

HRR stands for home RESIDENCY requirement... the clock starts once RESIDENCY is re-established, not simply departure from the USA. If the J-1 visa holder departed the USA but went on a 6 months of travel before returning home, the clock does not start until they are back home.

[Anh map 2,098]

HELP!

My fiance and I are on onto the interview stage of the K1 visa and are still constantly trying to find information on our case and situation and making sure we cover all bases.

We have discovered this residency requirement and are now totally defeated and gutted because we don't know what is going to happen. Struggling with who to talk to, I am posting in hopes that someone can please give us advice.

Is this from the last time my fiance entered the United States or from his last visa entry?

Just don't really understand how it works and also on the travelstate.gov website, it says that my English fiance must stay in England for two years consecutively with seems outrageous because we travel a lot together...

If anyone can advise us on this please please we could use any information possible!!!

Thank you!

Danny and Sami

Was he admitted on a J visa where the HRR is typically indicated right there on the visa itself? He needs to get the HRR waived by either the British embassy or the agency that facilitated the visa.

Edited July 17, 2011 by Anh map

[Danielb4643 0]

Hi all this is the Fiance in question, nice to meet you all!

The situation is . . .

I have been to the US on 2 J-1 visas (2007 and 2009)

The 2009 one was approved in May 2009 and I returned to the U.K FROM the US on 22nd October 2009

Since then I have not remained in the U.K. Although I have always been a resident I have had short breaks to

France

Italy

USA x 3

Morocco

Germany

So understandably we are concerned that with the upcoming Medical/Interview/new batch of Paperwork that is on the Horizon, we are putting in effort for something that will get shot down at some stage very soon.

I hope this is enough information for someone to give us some pointers.

Thank you all!

[JoannaV 173]

Your residency is the important thing, so consecutive/continuous residency in the UK of 2 years...but that doesn't mean you can't go on short holidays, long holidays, etc :-)

Also, are you sure that your J1 had an HRR?

[Danielb4643 0]

Your residency is the important thing, so consecutive/continuous residency in the UK of 2 years...but that doesn't mean you can't go on short holidays, long holidays, etc :-)

Also, are you sure that your J1 had an HRR?

Hi!

My DS-2019 has a box that says is NOT subject to the 2 year etc etc but it is NOT checked (which I assume means I AM)

I have been a resident of the U.K for 26 years now, but have been on a few holidays since my J-1 expired (Oct 2009) and now (Incl. 3 to USA for obvious reasons!)

We are just at the point where we don't know if we can continue . .

The USCIS approved us, we assumed this meant we were home clear, but it lookis like we could get tripped up any step along the way . . . !

[payxibka 10,044]

Hi!

My DS-2019 has a box that says is NOT subject to the 2 year etc etc but it is NOT checked (which I assume means I AM)

I have been a resident of the U.K for 26 years now, but have been on a few holidays since my J-1 expired (Oct 2009) and now (Incl. 3 to USA for obvious reasons!)

We are just at the point where we don't know if we can continue . .

The USCIS approved us, we assumed this meant we were home clear, but it lookis like we could get tripped up any step along the way . . . !

USCIS does not "police" the 2yr HRR... The Department of State does which is the same agency that the Embassy/Consulates belong to.

[Danielb4643 0]

USCIS does not "police" the 2yr HRR... The Department of State does which is the same agency that the Embassy/Consulates belong to.

So, in the opinion of the thread are we thinking that as I left the US on 22nd October 2009 under the J1 visa I cannot RE-ENTER the US under the K1 until 22nd October 2011 . . . ?

I know the next step here is legal advice but it would be rude to pass up such a wealth of knowledge on this site.

Thank you all!

[payxibka 10,044]

So, in the opinion of the thread are we thinking that as I left the US on 22nd October 2009 under the J1 visa I cannot RE-ENTER the US under the K1 until 22nd October 2011 . . . ?

I know the next step here is legal advice but it would be rude to pass up such a wealth of knowledge on this site.

Thank you all!

if subject too, it would also includes a visa not being able to be issued until completion of time served

[Danielb4643 0]

if subject too, it would also includes a visa not being able to be issued until completion of time served

I think that may be good news then . .

So it doesn't matter that between Oct 2009 and now I have been to USx3, France, Italy, Germany, Morocco as they were all (relatively) short visits . .

[payxibka 10,044]

I think that may be good news then . .

So it doesn't matter that between Oct 2009 and now I have been to USx3, France, Italy, Germany, Morocco as they were all (relatively) short visits . .

no you are still allowed to take holidays, and theoretically you should not have been allowed into the usa... maybe you are not subject to it...

[Danielb4643 0]

no you are still allowed to take holidays, and theoretically you should not have been allowed into the usa... maybe you are not subject to it...

Well the J1 expried on 22nd October and the 3 times I went to US was not under a US visa (ESTA/Tourist Visa) which I don't think is violation of the HRR.

We filed the K! petition in February and have not been to the US whilst it is processing.

[JoannaV 173]

My guess would be that you can go to the interview, and if it is a problem you could either ask if they could delay your visa issuance until after October, or they will tell you to get a waiver.