Filing I-130 Petition for J-1 with HRR

[igo 0]

I have J-1 HRR from my previous visa (governmental funding, 4 month program, Feb-June 2004).

Right after that program I got another J-1 (without HRR) for MA and then PhD from Aug 2004 - 2015.

I travel frequently to my home country Russia to fulfill my HRR. I have 2 months left to spend in Russia.

I got married a USC one year ago.

Questions:

1) If my husband files a I-130 Petition for Alien Relative, can I travel to Russia to spend my 2 months?

2) When I am done with my 24 months, how I should prove it? The I-485 form asks a question whether an applicant is a subject of HRR. I do not see any information regarding the procedure of proving that I fulfilled the HRR.

I heard that not each trip can be seen as "residing" in Russia.

What are criteria for being "residing"? Who and how will count my days of 2 years?

The lengths of my stay were 4-6 weeks between the semesters. I have all stamps in my passports and flight tickets. I do not have my previous DS-2019 with HRR (only the J-1 visa). I guess that my sponsor (IREX) collected DS-2019.

Please advise.

Thank you.

[Noah Lot 387]

I have J-1 HRR from my previous visa (governmental funding, 4 month program, Feb-June 2004).

Right after that program I got another J-1 (without HRR) for MA and then PhD from Aug 2004 - 2015.

I travel frequently to my home country Russia to fulfill my HRR. I have 2 months left to spend in Russia.

I got married a USC one year ago.

Questions:

1) If my husband files a I-130 Petition for Alien Relative, can I travel to Russia to spend my 2 months?

2) When I am done with my 24 months, how I should prove it? The I-485 form asks a question whether an applicant is a subject of HRR. I do not see any information regarding the procedure of proving that I fulfilled the HRR.

I heard that not each trip can be seen as "residing" in Russia.

What are criteria for being "residing"? Who and how will count my days of 2 years?

The lengths of my stay were 4-6 weeks between the semesters. I have all stamps in my passports and flight tickets. I do not have my previous DS-2019 with HRR (only the J-1 visa). I guess that my sponsor (IREX) collected DS-2019.

Please advise.

Thank you.

The period of time for fulfilling the HRR is when you are completely finished with your program(s)...brief trips back to Russia don't count.

[NancyNguyen 1,657]

And it doesn't add up like yours. The I-130 is most likely denied.

[igo 0]

I have J-1 HRR from my previous visa (governmental funding, 4 month program, Feb-June 2004).

Right after that program I got another J-1 (without HRR) for MA and then PhD from Aug 2004 - 2015.

I travel frequently to my home country Russia to fulfill my HRR. I have 2 months left to spend in Russia.

I got married a USC one year ago.

Questions:

1) If my husband files a I-130 Petition for Alien Relative, can I travel to Russia to spend my 2 months?

2) When I am done with my 24 months, how I should prove it? The I-485 form asks a question whether an applicant is a subject of HRR. I do not see any information regarding the procedure of proving that I fulfilled the HRR.

I heard that not each trip can be seen as "residing" in Russia.

What are criteria for being "residing"? Who and how will count my days of 2 years?

The lengths of my stay were 4-6 weeks between the semesters. I have all stamps in my passports and flight tickets. I do not have my previous DS-2019 with HRR (only the J-1 visa). I guess that my sponsor (IREX) collected DS-2019.

Please advise.

Thank you.

I sent an email to the Department of State and described my situation with two J-1 visas (see above).

This is their response:

"Thank you for contacting the Student/Exchange Visitor Visa Center.

Exchange visitors (EV) subject to INA 212(e) (the two-year home residency requirement) must spend a cumulative (i.e. not immediate or all at one time) period of two full years within their home country. Until the requirement is fulfilled or a waiver of it obtained, consideration for either an H (temporary worker) or L (Intracompany Transferee) employment-based visa, or any type of U.S. immigrant visa cannot be given. However, all other visa types may be applied for.

Proof that the 2 year obligation has been fulfilled can be shown several ways (e.g. passport/s, pay slips, transcripts, bills, etc….). Ultimately, anything and everything that unequivocally shows an/the EV has spent 2 years in his/her home country can be provided."

I understand from this that they do not connect two visas/programs.

How do you read their message?

Thanks.

[sofya 10]

I sent an email to the Department of State and described my situation with two J-1 visas (see above).

This is their response:

"Thank you for contacting the Student/Exchange Visitor Visa Center.

Exchange visitors (EV) subject to INA 212(e) (the two-year home residency requirement) must spend a cumulative (i.e. not immediate or all at one time) period of two full years within their home country. Until the requirement is fulfilled or a waiver of it obtained, consideration for either an H (temporary worker) or L (Intracompany Transferee) employment-based visa, or any type of U.S. immigrant visa cannot be given. However, all other visa types may be applied for.

Proof that the 2 year obligation has been fulfilled can be shown several ways (e.g. passport/s, pay slips, transcripts, bills, etc….). Ultimately, anything and everything that unequivocally shows an/the EV has spent 2 years in his/her home country can be provided."

I understand from this that they do not connect two visas/programs.

How do you read their message?

Thanks.

Igo, from what I know from multiple USG-sponsored programs I was involved in in various capacities (administered by IREX and other agencies as well), your 4-6 week trips will count for as long as they happened after the end of the original program (which I understand they did).

Now, while you still have 2 months to go it does not preclude you from filing I-130. Filing I-130 only establishes your status as a spouse or relative of a USC and does not give you immigration status. We filed I-130 while I still had 9-10 months left on my HRR. So, linking to your other post about a waiver, with only 2 months left do not apply for a waiver. File your I-130 and, if you can, go and get your 2 months done. Remember that you have to prove your HRR completion ON THE DATE OF THE INTERVIEW. So if you guys are taking the IR1 route (for which you have to have the interview in Moscow), you can file papers BEFORE your HRR is done. However, if you want to do an AOS, you should not file papers until your 2 HRR is done, because the steps in the process are not as discreet as with IR1.

You prove you completed your HRR by presenting proof of travel dates (I submitted copies of my passport pages with stamps on them) - depending on your process it needs to be done at the USCIS stage, or the NVC stage, or the Embassy stage.

Are you planning to do an AOS or IR1?

Edited February 5, 2012 by sofya