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Ochyzh

Can I submit DS260 before my 2YR 212(e) is complete?

By Ochyzh in Bringing Family Members of Permanent Residents to America

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Ochyzh Rookie

Ochyzh   12

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Hello,

My question is for those who have experience with applying for permanent residency while completing the foreign residency requirement of J-1 visa (212(e) does apply). My spouse is currently in her home country of Ukraine waiting for the 2 years to be complete (about 3 months left). We have obtained i130 and paid the fees. The next step is DS260, which asks whether the petitioner has fulfilled the foreign residency requirement. Will they deny our application if we submit it and answer that we have not yet fulfilled the 2 year home residency, but we only have 80 days left? Considering the processing time, my spouse will be done with 2 YR by the date of the interview. In other words, while we have full intention of completing the 2 years, we also don't want to lose additional time because of processing? I would really appreciate any advice.

Mark

My timeline for NVC processing:

May 4, 2014 Submitted DS261

May 7, 2014 Paid AOS fee

May 12, 2014 Received an email confirming that my DS261 (agent registration) form has been processed

May 15, 2014 Paid IV fee

Last scan date: July 22, 2014 NVC received my IV and AOS packages (mailed together), date confirmed in the email on Aug 5, which also told me that it will take at least 60 days to process

July 25, 2014: Submitted DS260

August 6, 2014 Requested an expedite

August 8, 2014 Got an email from NVCExpedite asking for two phone numbers

August 8, 2014 Responded with two phone numbers

August 15, 2014 Received an email from NVCExpedite which states: "The US Embassy or Consulate is willing to expedite this case once we have all the fees, forms, and documents. We received documents for your case. Please allow 60 days for us to review your documents."

August 15, 2014 Called NVC, the rep told my husband that while the Embassy has agreed to expedite my case, NVC will still take at least 60 days. The reason that NVC cannot do it any faster is because they cannot sort through all the mail to locate my case.

September 16, 2014 Got a checklist for a divorce decree, the original of which I submitted. They said it needs to have a stamp, even though it was issued by a US judge, whose office confirmed that their original decrees do not have stamps. [/background][/size][/font][/color]

September 29, 2014 Mailed a copy of the decree with a certification and stamp attached to it. The judge's office in Lancaster county, Nebraska, said that this is how they certify their documents. They still do not put stamps on originals or copies themselves.

October 2, 2014 Checklist scan date

October 17, 2014 AOS fee changed from "paid" to N/A

October 20, 2014 Case complete confirmed by calling NVC.

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alanuchi Rookie

alanuchi   2

Posted
Filed: IR-1/CR-1 Visa Country: Spain
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Posted

Hello,

My question is for those who have experience with applying for permanent residency while completing the foreign residency requirement of J-1 visa (212(e) does apply). My spouse is currently in her home country of Ukraine waiting for the 2 years to be complete (about 3 months left). We have obtained i130 and paid the fees. The next step is DS260, which asks whether the petitioner has fulfilled the foreign residency requirement. Will they deny our application if we submit it and answer that we have not yet fulfilled the 2 year home residency, but we only have 80 days left? Considering the processing time, my spouse will be done with 2 YR by the date of the interview. In other words, while we have full intention of completing the 2 years, we also don't want to lose additional time because of processing? I would really appreciate any advice.

Mark

I am in a similar situation to the one you were. I wonder if you could share your experience with this. What did you answer to the question about 2yr HRR in the DS-260? Did it affect your case in any way or delay your interview?

I would appreciate if anyone can share their experience with this particular situation.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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I am in a similar situation to the one you were. I wonder if you could share your experience with this. What did you answer to the question about 2yr HRR in the DS-260? Did it affect your case in any way or delay your interview?

I would appreciate if anyone can share their experience with this particular situation.

Ochyzh has not been active on this site since February 2015. Best to PM her with your question.
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