Adjustment of Status from B1B2 with J1 two year requirement

[pushbrk 12,228]

Does the two year requirement apply when adjusting based on marriage to a US Citizen, when the latest entry is B1B2?

[swsslfn 5]

Yes, it does.

There is a whole specific section on the I485 regarding J1.

The only options are fulfill the 2 years requirement or apply for a waiver.

It doesn't matter the last entry.

[geowrian 22,336]

Yes. AFM: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19469.html#0-0-0-641

"If the alien is subject to the 2-year foreign residency requirement, he or she is barred under section 212(e) of the Act from filing any:

Application for an immigrant visa or permanent residence;

...

Application for adjustment of status under ANY section of law (including adjustment under section 209 as an asylee or refugee) "

 

Waivers are also available, some of which can be filed concurrently with the I-485.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19534.html#0-0-0-643

"A waiver request based on either the sponsorship of an interested United States Government agency or a “no objection” statement by the government of the country of his or her nationality or last foreign residence involves submission of that statement in conjunction with the alien’s application for change of status, adjustment of status or visa application. There is no separate form or filing fee. "

 

[Doma 1]

9 hours ago, swsslfn said:

Yes, it does.

There is a whole specific section on the I485 regarding J1.

The only options are fulfill the 2 years requirement or apply for a waiver.

It doesn't matter the last entry.

 

11 hours ago, pushbrk said:

Does the two year requirement apply when adjusting based on marriage to a US Citizen, when the latest entry is B1B2?

Yes, I agree with swsslfn it does apply.

You need to check your visa tho. My J1 was not a subject to the 2 year rule. 

[pushbrk 12,228]

20 hours ago, geowrian said:

Yes. AFM: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19469.html#0-0-0-641

"If the alien is subject to the 2-year foreign residency requirement, he or she is barred under section 212(e) of the Act from filing any:

Application for an immigrant visa or permanent residence;

...

Application for adjustment of status under ANY section of law (including adjustment under section 209 as an asylee or refugee) "

 

Waivers are also available, some of which can be filed concurrently with the I-485.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19534.html#0-0-0-643

"A waiver request based on either the sponsorship of an interested United States Government agency or a “no objection” statement by the government of the country of his or her nationality or last foreign residence involves submission of that statement in conjunction with the alien’s application for change of status, adjustment of status or visa application. There is no separate form or filing fee. "

 

Thanks.  That's the clarification I needed. Obviously, this is not about "me".