Hello! I have a few questions and desperately need help. Plz take a min to read and maybe u can help...

[ceadsearc 515]

In most cases you CANNOT serve out your 2 years in a third country:

http://travel.state.gov/visa/temp/info/info_5504.html#notreturning

You will need a waiver, otherwise you will need to return home for another year.

[Mariam&Smith 45]

I believe there is no way around the 2 year Homeland rule.

[grrrrreat 109]

I believe there is no way around the 2 year Homeland rule.

This isn't correct. There are a few ways to obtain a waiver of the rule.

[ceadsearc 515]

This isn't correct. There are a few ways to obtain a waiver of the rule.

Yes, definitely. There is no way to adjust without either a waiver OR meeting the requirements so hopefully OP will look into it before filing.

[June 29 0]

Thank you guys so much for your comments!

I am going to find out about what they put one my I-9 form.

Great tips about organizing my papers! Wow! Thanks!

I looked at the waiver for 2 year home residency rule and honestly, I have a hard time understanding what could possibly prove to be an extreme hardship for my husband and a 5 months old daughter? Just being away from a family member is not enough for a reason...

[Little_My 463]

The most common waiver for the 2 year HRR is the No Objection Statement form your home government. I would suggest you look into that first and find out how common they are in Turkmenistan. I'm not sure what type of proof is required to show extreme hardship to US citizen to waive this particular requirement, but maybe others here will know more about that.. having a USC baby might help, but I'm assuming you would also have to prove why it wouldn't be possible to relocate your husband and child to Turkmenistan with you.

[June 29 0]

Congratulations on your marriage!

There is no waiver. Unauthorized employment is forgiven if you're adjusting as a spouse of a US citizen. It's a non-issue for you. As long, of course, as you have not misrepresented yourself as a US citizen at any time. I would double check your I-9's you filled out with all your employers.

This _might_ be an issue. What you should do is contact the nearest embassy/consulate of Turkmenistan (here's the link to the embassy with a phone number: http://www.turkmenistanembassy.org/) and ask about a "No objection" letter. Tell them about your situation and that you're a subject to the 2 year foreign residency requirement. It is a common issue so they should know what you are talking about and help accordingly.

I can't answer if it matters or not, more experienced members might say a word or two. I know for sure you should be able to obtain a passport while you are in the U.S. You need to contact your embassy and/or consulate in the U.S. to apply for a new passport.

I will speak from my personal experience. When I was filing my I-129F, I used:

- plastic sleeves

- binder tabs

- prong paper fasteners to clip the whole file together (these ones: http://www.officedepot.com/a/products/102624/Office-Depot-Brand-Prong-Paper-Fasteners/)

- paper clips

- adhesive labels

I divided the whole file into sections:

- check, cover letter, I-129F with supplement, G-1145

- G-325A, photographs

- Proof of citizenship (passport copy)

- Letters of intent

- Proof of meeting

Each section was preceeded by a binder tab describing it, put separately into a plastic sleeve with a paper clip holding all the papers together. Everything was put together using a pair of paper fasteners. Any pictures I attached were put separately in zip lock bags with adhesive labels, clipped with two paper clips to a blank piece of paper.

You are also more than welcome to read the I-130/I-485 guide: http://www.visajourney.com/content/i130guide2

Cheers!

Just called the Embassy of Turkmenistan. They don't deal with issuing a new passport. My only choice is getting a new passport in Turkmenistan...

[ceadsearc 515]

Just called the Embassy of Turkmenistan. They don't deal with issuing a new passport. My only choice is getting a new passport in Turkmenistan...

I would look into whether or not you can do it by mail. If not, it won't affect your AOS any. Your main focus should be getting a waiver for the 2-year requirement. If not, you will need to return to your country, wait out the requirement, apply for a spousal visa and file for another waiver to overcome the ban from leaving.

[NataliaChicago 0]

We have just sent our AOS package, and it took us forever to put it together because of the previously issued J-1 visa and 2-year home residency rule. I have read lots of forums myself, and people who have not complied with the requirement were denied... They literally count the days of your physical presence in your home country. so I submitted color copies of customs stamps, bank statements and employment record, and I'm still nervous whether it will be enough evidence.

If you know that you haven't stayed in your country for two years, you may apply for a waiver (as other people mentioned). No objection seems the easiest route, yet it also depends on who stands behind your J-1 visa. For example, I was a Fulbright scholar, and I know that not a single waiver was issued to Fulbrighters because the scholarship is administered by the Department of State, and these guys don't issue waivers. So you definitely need to look into the waiver thing, otherwise you may have to go home and finish your 2HRR.

Good luck!

[grrrrreat 109]

Just called the Embassy of Turkmenistan. They don't deal with issuing a new passport. My only choice is getting a new passport in Turkmenistan...

I find it bizarre that Turkmenistan won't let you get a passport without going back--isn't that kind of a Catch-22 if your passport expires?

In any case, once you are adjusted and are an LPR, consider applying for a Reentry Permit. This is the travel document that the U.S. issues to non-citizen residents who aren't able to get passports from their home country. It is a booklet that kind of looks like a passport, but it isn't one and it's issued by USCIS and not the Secretary of State. Some countries will let you use it to travel there and/or apply for visas, but you have to check with each country.

[June 29 0]

We have just sent our AOS package, and it took us forever to put it together because of the previously issued J-1 visa and 2-year home residency rule. I have read lots of forums myself, and people who have not complied with the requirement were denied... They literally count the days of your physical presence in your home country. so I submitted color copies of customs stamps, bank statements and employment record, and I'm still nervous whether it will be enough evidence.

If you know that you haven't stayed in your country for two years, you may apply for a waiver (as other people mentioned). No objection seems the easiest route, yet it also depends on who stands behind your J-1 visa. For example, I was a Fulbright scholar, and I know that not a single waiver was issued to Fulbrighters because the scholarship is administered by the Department of State, and these guys don't issue waivers. So you definitely need to look into the waiver thing, otherwise you may have to go home and finish your 2HRR.

Good luck!

Good luck to you, too!

Do the copies of customs stamps HAVE to be colored copies?

I talked to a lawyer who was kind enough to give me a free 15 minute consultation and he thinks that I fulfilled the 2YHRR even though I was studying in Bulgaria. My main residence was still back home.

Also, I have a friend who already got her green card and we had exact same cases about J-1. She was an exchange the same year I was and she went to Bulgaria to study the same year I did. And her lawyer also told her she fulfilled her 2YHRR. So, I am even more confused now. In addition, both of us got SOROS scholarship for Bulgaria which means we were pursuing our education in order to go back to our home country and be an asset there. So, does that mean we were fulfilling out 2YHRR in that way?... I wish there was more said about the stupid 2YHRR so people didn't think they are lying on their I-485!

[June 29 0]

I find it bizarre that Turkmenistan won't let you get a passport without going back--isn't that kind of a Catch-22 if your passport expires?

In any case, once you are adjusted and are an LPR, consider applying for a Reentry Permit. This is the travel document that the U.S. issues to non-citizen residents who aren't able to get passports from their home country. It is a booklet that kind of looks like a passport, but it isn't one and it's issued by USCIS and not the Secretary of State. Some countries will let you use it to travel there and/or apply for visas, but you have to check with each country.

Yes, it is exactly Catch 22...

Thanks on your advice for Reentry Permit. I will look into that! I am so glad I posted on this blog. You guys are so helpful!

[jkb11 26]

How would the Reentry Permit help an LPR? They already have their Green Cards to cross the border...

Cheers!

[Kathryn41 3,205]

Several posts related to editing personal information have been removed and the appropriate edits have been made.

[June 29 0]

Hey visajourney friends!

I got a hold of the Embassy of Turkmenistan and they said they will look into No Objection Statement. I am praying that I will get it soon.

But before that, as I understand, I need to fill out a DS-3035 online. Which I did, but very poorly. I am so confused about many things I was asked.

Like:

1. Do I only put the information about my DS-2019 that was given to me when I was a subject to 2 Year Home Residence Rule or do I also include the DS forms that I was given when I came to the USA on work and travel (NOT subject to 2YHRR)?

2. It says in Packet 1 and Packet 2 that I need to include Waiver Review Division Barcode Page. On the pdf that I got after filling DS-3035 I have 3 barcodes on ONE page. Do I just print it twice and put it in both packets?

3. Question 13: Is there any period of time in the US that is not covered by your form DS 2019/formerly IAP-66?

I have no idea what this question is asking me?

4. If I made some mistakes while filling out DS-3035, can I correct them? Or should I just fill out another DS-3035?

I am hoping people who had an experience with this will help me. Thank you in advance!