Had J1 Visa with 212 (e) 2 Year Residency and now applying for IR-1 / CR-1 Spouse Visa

[Free.bird 2]

Hi!

a. It has to be exactly 2 years (not a week less) in your home country, not any other country before you apply for AOS or immigrant visa; I believe short trips to USA or even a third country should be deducted (say, 3 weeks business trip abroad adds 3 weeks that you should be staying at your home country).

b. USCIS will know that you have had the J-1 visa with 2 year hrr, they can see in their system. Even if they do not see it, you should always tell the truth, as they ask specifically whether or not you had J-1 visa with residency requirement when you apply for AOS, lying will get you banned from US for life. You yourself have to prove that you have completed 2 years by showing them passport stamps (entry/exit stamps), boarding passes, letters from your employer testifying that you have worked for them and resided in your home country, and other evidence you could think of.

c. Even if you have new passport, they have all of your immigration information in the system, so they know everything of your past visas attempts and even records of what you said on the visa interview

Good luck!

p.s. I am not a lawyer, my answers are based on my own research. Consult a lawyer before making decisions

[Eldeezy 0]

Hi everyone! I have asked this question on a different forum, but I haven't gotten any particular answer.

I am a citizen of Turkmenistan. I was participating in UGRAD J1 exchange program financed by the us government in 2014 so I am a subject to 2 year home residency rule. When I was applying for the program I was studying in Russia and subsequently received J1 visa in Moscow and departed to the US also from there. Also on my J1 visa stamp it states: "Bearer is subject to Section 212(e) TWO YEAR RULE APPLIES, RUSSIA". At the end of the program I returned to Russia to complete my undergraduate studies and still have one more year to go. This year my parents won a dv lottery and went to the USA, I applied along side with them in Turkmenistan but was refused with visa due to not completing my 2YHRR. We spoke to the consul and she said that the best way would be if my parents petitioned for me from within the US, I also asked about the 2YHRR and she told me that if I stayed outside the US and kept my Turkmenistan primary residency ("propiska" stamp in passport where the government registers the place of living)) while studying in Russia until two years pass I should be fine. Now that my parents aren't in Turkmenistan I wouldn't return there and currently consider to move to Russia permanently and proceed with my visa from here. Will that work or I would have to serve 2 years in Turkmenistan anyways? This 2 YRR really frightens me.

[Free.bird 2]

Hi! I am a UGRAD alumna btw, also subject to 2 year hrr (in the past). Did you qualify for UGRAD as Turkmenistan applicant or Russia applicant? I believe you have to be physically present in where was considered your home country at the time of your UGRAD application for 2 years before you get to visa interview stage. I had to deduct all of my trips to Russia and Kyrgyzstan when I calculated my 2 years. Hope this helps.

[Eldeezy 0]

Hi! I am a UGRAD alumna btw, also subject to 2 year hrr (in the past). Did you qualify for UGRAD as Turkmenistan applicant or Russia applicant? I believe you have to be physically present in where was considered your home country at the time of your UGRAD application for 2 years before you get to visa interview stage. I had to deduct all of my trips to Russia and Kyrgyzstan when I calculated my 2 years. Hope this helps.

I guess I qualified as an applicant from Turkmenistan, since I have spent in the US a year as opposed to applicants from Russia, who spent there 6 months. But my UGRAD adviser told me that my 'home' airport was in Moscow, does it make Russia my home country or not? I am really confused and IREX didn't respond to my messages about this issue. And the thing with visa that it states that "TWO YEAR RULE APPLIES, RUSSIA" is very misleading too. Do you think I should contact the embassy that issued me j1 visa to clarify the situation?

[Free.bird 2]

My guess is that "home airport" is irrelevant. The fact that you spent 1 year as all Turkmenistani applicants confirms that you need 2 years in Turkmenistan as opposed to Russia. I would email to the embassy to clarify though

Edited August 8, 2016 by Free.bird

[Eldeezy 0]

My guess is that "home airport" is irrelevant. The fact that you spent 1 year as all Turkmen applicants confirms that you need 2 years in Turkmenistan as opposed to Russia. I would email to the embassy to clarify though

Thank you very much! Yeah I think I will contact the embassy to sort things out. I presume you have applied to an immigrant visa? How did it go? What questions they asked you? What documents did you present as a proof of physical presence in Kazakhstan?