Jump to content
Nimz14

DS-260 question: Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?

By Nimz14 in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

7 posts in this topic

Recommended Posts

Nimz14 Rookie

Nimz14   0

Posted
Filed: Timeline
Posted (edited)

Hey everyone! So I'm currently filling out the DS-260 form on behalf of my husband when I stumbled across this question:

Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?

My husband came to the U.S. as a child with a J2 visa (child of a former exchange visitor). However, he left the U.S. along with his father who had the J1 visa (the principal former exchange visitor) before the two years were up.

So I'm unsure if I should answer this question with a Yes or No.

Any help would be much appreciated!

Edited by Nimz14
Link to comment
Share on other sites
mlh Enthusiast

mlh   93

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

I think the question is about if you lived OUTSIDE the US for the 2 years after the J visa was up, so if he was here when he was a child, I think you're ok since I'm assuming more than 2 years has passed since he left. :)

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It's not just living outside the US; if subject to the HRR you need to have specifically lived for at least two years in your home country after departing the US.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
Nimz14 Rookie

Nimz14   0

Posted
Filed: Timeline
  • Author
Posted

It's not just living outside the US; if subject to the HRR you need to have specifically lived for at least two years in your home country after departing the US.

Okay well that still ends up working out perfectly! Thank you for the clarification!

I also had another question. I'm hoping you or someone else here can answer. When the application asked if he's ever been to the US I put down Yes.

Then, it asks if he was issued an Alien Registration Number. He did not receive one as a child. However, he just received one last year after we filed our I-130 with USCIS. So I'm unsure whether to mark Yes or No because I'm not sure if the question is referring specifically to the time he applied for a visa for his previous visit years ago.

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I would mark Yes and include it; there is no real downside from doing so, whereas there may be a downside to entering No. It's likely just to keep all his records in one place. There can be issues with some people having several alien numbers and their files being all over the place. Keeping it all under a single alien number is by far the most stress-free solution.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
Nimz14 Rookie

Nimz14   0

Posted
Filed: Timeline
  • Author
Posted

I would mark Yes and include it; there is no real downside from doing so, whereas there may be a downside to entering No. It's likely just to keep all his records in one place. There can be issues with some people having several alien numbers and their files being all over the place. Keeping it all under a single alien number is by far the most stress-free solution.

Okay sounds good! Thank you so much for your help!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...