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J1 2 year home residency requirement vs CR-1 interview at the embassy

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Dear Community,

I'm in a quite interesting situation. I want to move to the US and my American wife will file an I-130 for me. However, I was in the US on a J1 visa and by the time I will get to the interview at my embassy, the 2 year home residency requirement of my J1 will not be fullfiled yet. But here is the catch.

My J1 visa in my passport says I'm subject to this rule. My DS-2019 (the accompanying document to the J1) says I'm not subject. I filed for an Advisory Opinion from the Department of State and they determined I'm not subject.

So say that at the interview the officer is not convinced and want to refuse the visa. What outcomes are possible? Will this be a denied visa? Will they further investigate my case? Will they put my case on hold and tell me to come back when the 2 year is over?

I just don't want a denied visa on my record if my wife needs to refile the petition. By the way, will she have to refile the I-130 if I get denied because of this? Or will it stay be valid?

Any comment, personal experience especially will be greatly appreciated!

Two year home residency:

http://travel.state.gov/content/visas/english/study-exchange/exchange.html(bottom of the page)

Advisory opinion: http://travel.state.gov/content/visas/english/general/advisory-opinions.html

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If your advisory opinion from the DoS says you're not subject then the embassy will probably go by that.

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You can also delay your visa interview by taking longer at the NVC to be sure that you are indeed following the 2 year rule. The I-130 will not be denied, it would be the visa at interview, and you'd be put into AP until the 2 year wait is up, if required.

When did you last leave the USA? It still takes about a year to get to the interview from the start of the process (filing the petition.)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss


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Yes, I know it takes that much time... but I would still be in the 2 years for sure. However, how can you delay the process at NVC? Can you just simply ask them?

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The NVC requires you to contact them once a year to keep your case active. You can send in a fee payment, wait a year, send in the documents, wait a year, send in another fee payment, wait a year, send in the ds-260, case complete. Really you can drag it out about that long. Phone calls between could possibly drag it out even longer. It's why people dont need to wait to send in their petitions. You can always make it take longer but you cannot speed it up really.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss


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