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RickyW

Anyone with J1 visa experience?

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My spouse was on a J1 visa when we met and the 2 year stay requirement expired this month. However, during those 2 years she spent about 4 months on a tourist visa with me in the US. My question is will those 4 months be deducted from the 2 year stay requirement? NVC didn't have an answer for me and everything else I have found seems to be conflicting so if you and your spouse have J1 visa experience I would be grateful to hear how it went.

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Hi. I came twice on J1 visa in the past(no 2 year requirement though) but by having a J1 visa before doing that you are aware of all the rules. Some J-1 exchange visitors are subject to the U.S. Department of State Two-Year Foreign Residence Requirement INA 212(e) that requires to go home for two years at the end of their J-1 program (this was not my case).

I wanted to write on my own words but I think this is way better and clear and sure will answer your question:

"The Two-Year Foreign Residency Requirement will not prevent you from reentering the U.S. with an F-1 student, B-1/B-2 (tourist) or J-1 student visa (or some other categories) in the future, but it will prevent you from getting H-1B non-immigrant employment or Permanent Residency status unless the 2 year requirement is either fulfilled or waived."

so basically it's two years not getting H-1B to work here or Adjust status. As the two years went by even if four months were spent here legally on tourism with the valid visa of course, you are good to go :)

Good luck on your journey :)

Edited by Juan L

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It's a good question and that made me go to the code of federal regulations (the source) and this is what I just found:

Clic here to go to the federal regulations section

It says a part ( I suggest you read the whole thing) that in order to get an immigrant petition or non immigrant visa under INA 101(a)(15) (H), (K), or ( L )

"It has been established that the alien has resided and has been physically present in the country of the alien's nationality or last residence for an aggregate of at least 2 years following the termination of the alien's exchange visitor status as required by INA 212(e)"

So, I am afraid my first answer is not accurate as the regulation itself says physically present so those 4 months here would still missing in your case :(

Edited by Juan L

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To start the reply, I want to say that I haven't applied for J visa before. But I do hear of something about it. Just to share the little knowledge of it.

First of all, you need to make sure if your spouse came to states with the J-1 visa subject to the two-year residence requirement or not. If not you don't need to worry about the returning. But if her J-1 visa has/had that regulation of two years' rule, then you need to search a lot.

When you file for AOS, you need to submit the current non-expired I-94. Which I-94 will you submit? That will make you clear if you need to think more about J-1 or the tourist visa.

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