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Ragazza

CR-1 and 2 Year HRR

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Hello everyone! I would appreciate your comments on the following situation.

I was a fulbright scholar and, thus, am subject to 2 year home residency requirement. I have about 4 months left to fulfill the 2 year requirement and I have no problems with that and do plan to fulfill my obligation.

At the same time, my husband is a USC who filed a petition for me, we were previously informed that the process of obtaining CR-1 visa can be initiated before 2 year rule is fulfilled. The only restriction is that the immigrant visa cannot be issued before 2 year rule is fulfilled.

We are currently at a stage of completing DS-260 form. This form has a question - "Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?"

Frankly speaking - yes, I am, cause I have 4 months more to go. If I answer "yes", then it gives me an option to explain. What is your opinion - if I answer "yes", and then explain that I will fulfill my 2 year home residency requirement by the end of September - will it be good enough?

Or do you think they could deny my visa based on my "yes" answer, and not even bother to look into my explanations? Should we just wait a bit more?

I would appreciate your opinion on the questions above, especially, advice from those who faced similar situation.

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Just answer the form honestly as it pertains to you now; your case will not be adversely affected.


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Hi. I'm in the same situation. I was also subject to the 2 YR HRR and had to return home. In my experience there is very little information about this rule and how to prove the fullfilment. My lawyer indicated that the 2 years must be completed by the time of the interview at the Consulate. I initiated the Consular process 13 months before the 2 years were done. He said if we received an early interview date, we could reschedule the interview and it would be 60 days later. He also submitted my DS260 before my completion of the 2 years, but was possibly 1-1.5 months early. At this point we are waiting for the interview date. My suggestion is you attend the interview at the Consulate after you've completed the 2 years. This way you should be able to receive your visa. Best of luck to you!! ... Not sure about other people's experience. I would be happy to hear other stories.

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I am subjected to 2 year rule and I initiated the process last november. I answered "yes" that I was subjected and had not yet fulfilled it ( when filling up the DS-260 question about the fulfilment of the requirement). I was honest about it the whole time and had emailed the NVC asking them to schedule my interview to be after 28th of July 2016. Apparently this information was not passed along to my home country consulate and they gave me an earlier date. I emailed them to reschedule and I got the date of July 29th, which I'm super happy about. I am bringing proof of all days spent in my home country. I technically moved back in June 2014 but because of travelling had to add more days ( I added a total of 48 days including all trips during this period, even vacation related ones). You can message me to see how it goes in the interview. I hope I get approved. Good luck to you all!

Hi. I'm in the same situation. I was also subject to the 2 YR HRR and had to return home. In my experience there is very little information about this rule and how to prove the fullfilment. My lawyer indicated that the 2 years must be completed by the time of the interview at the Consulate. I initiated the Consular process 13 months before the 2 years were done. He said if we received an early interview date, we could reschedule the interview and it would be 60 days later. He also submitted my DS260 before my completion of the 2 years, but was possibly 1-1.5 months early. At this point we are waiting for the interview date. My suggestion is you attend the interview at the Consulate after you've completed the 2 years. This way you should be able to receive your visa. Best of luck to you!! ... Not sure about other people's experience. I would be happy to hear other stories.

Hello everyone! I would appreciate your comments on the following situation.

I was a fulbright scholar and, thus, am subject to 2 year home residency requirement. I have about 4 months left to fulfill the 2 year requirement and I have no problems with that and do plan to fulfill my obligation.

At the same time, my husband is a USC who filed a petition for me, we were previously informed that the process of obtaining CR-1 visa can be initiated before 2 year rule is fulfilled. The only restriction is that the immigrant visa cannot be issued before 2 year rule is fulfilled.

We are currently at a stage of completing DS-260 form. This form has a question - "Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?"

Frankly speaking - yes, I am, cause I have 4 months more to go. If I answer "yes", then it gives me an option to explain. What is your opinion - if I answer "yes", and then explain that I will fulfill my 2 year home residency requirement by the end of September - will it be good enough?

Or do you think they could deny my visa based on my "yes" answer, and not even bother to look into my explanations? Should we just wait a bit more?

I would appreciate your opinion on the questions above, especially, advice from those who faced similar situation.

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51 minutes ago, Carla Pas said:

I'm in the same situation. So did you guys answer YES to that question and that was not an issue at the NVC stage?? Thank you so much in advance!!!

I was under J1 too. I didn't fulfill yet  my 2 years requirement and I'm waiting for an interview date (Already approved by NVC). On the DS 260 there is a place for explanation when you mark " haven't finished the 2 years " : I put I will make it by the time of the interview.  If my interview came sooner I will postpone it. It's simple. No reason to worry about it. You can submit your DS-260 

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2 hours ago, IF-Mclean said:

I was under J1 too. I didn't fulfill yet  my 2 years requirement and I'm waiting for an interview date (Already approved by NVC). On the DS 260 there is a place for explanation when you mark " haven't finished the 2 years " : I put I will make it by the time of the interview.  If my interview came sooner I will postpone it. It's simple. No reason to worry about it. You can submit your DS-260 

Thank you! So in the explanation area, you didn't specify when exactly the two years will be done. You just stated that the two years will be completed by the interview day. Is that it?

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5 hours ago, Carla Pas said:

Thank you! So in the explanation area, you didn't specify when exactly the two years will be done. You just stated that the two years will be completed by the interview day. Is that it?

Yes that's it.

In your IV package you have to include your DS 2019 and/or the copy of your J1 visa.

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On 6/7/2016 at 5:02 PM, Ragazza said:

Hello everyone! I would appreciate your comments on the following situation.

I was a fulbright scholar and, thus, am subject to 2 year home residency requirement. I have about 4 months left to fulfill the 2 year requirement and I have no problems with that and do plan to fulfill my obligation.

At the same time, my husband is a USC who filed a petition for me, we were previously informed that the process of obtaining CR-1 visa can be initiated before 2 year rule is fulfilled. The only restriction is that the immigrant visa cannot be issued before 2 year rule is fulfilled.

We are currently at a stage of completing DS-260 form. This form has a question - "Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?"

Frankly speaking - yes, I am, cause I have 4 months more to go. If I answer "yes", then it gives me an option to explain. What is your opinion - if I answer "yes", and then explain that I will fulfill my 2 year home residency requirement by the end of September - will it be good enough?

Or do you think they could deny my visa based on my "yes" answer, and not even bother to look into my explanations? Should we just wait a bit more?

I would appreciate your opinion on the questions above, especially, advice from those who faced similar situation.

Your visa cannot be issued until your " months more to go" has passed.  So, I would suggest waiting a month or so before finalizing the DS260 and all other documents with NVC, so that there is no delay in issuing the visa, once you have your actual interview.  Worst case is the visa is issued AFTER the 4 months has passed, but that COULD be later than if you delay on your own.


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