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rcorbe1

J-1 Visa Two year Rule question

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Filed: J-1 Visa Country: El Salvador
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Has anyone requested an advisory opinion and they have come back saying the two year stamp on Visa or DS-2019 was a mistake or doesn't apply to you? Just curious, my fiance's Visa and DS-2019 has the two year rule stamp/requirement. She was an Au Pair and I'm pretty sure the stamp was a mistake.

Also, If you aren't required for the rule after getting the advisory opinion letter results, can you go ahead and file for Adjustment of Status with the advisory opinion letter copies as proof you aren't required to fulfill the 2 year requirement or do you need to do something else before filing 485, etc..?

Just curious, we are waiting on the advisory opinion and will probably be a few more weeks. Any advice would be great!!

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Yes. There were a couple of threads about this recently. The advisory opinion confirms if you are subject to the 2 year residency requirement or not. Therefore, it should be sufficient proof if you are questioned about this by USCIS. Here is some info:

http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html

You can check if you qualify for a waiver in the event that you are subject to the 2 year requirement.


This does not constitute legal advice.

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