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Nimz14

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

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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

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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

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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. :)

Oh wow well I clearly misunderstood that! Thank you so much! :)

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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

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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.

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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

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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!

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