Jump to content
soccerguy845

J-1 Two Year Requirement - is 728/730 days suffiecient? (99% of two years)

30 posts in this topic

Recommended Posts

Hello all,

Me and my wife have been through the process of getting the K-1, and recently had our green card interview.
We received a letter asking for more information, specifically asking for proof that the J-1 two year requirement was met.

After researching how to prepare this evidence we realized that the time that she visited the states doesn't count towards her two years, and she visited multiple times on a tourist Visa.

So previously we thought she had done more than enough time in her home country, but now realizing after doing the math that she spent 728 days in her home country instead of the full two years (730 days).

We are very nervous and going to consult a lawyer, but anxious to know if anyone else has had a similar situation and what to expect. I'm surprised this has only come up at the last step because we submitted the J-1 a long time ago.

Does anyone have any information that will help us feel better or worst case grasp reality of the situation and realize we are screwed? Thanks!

Share this post


Link to post
Share on other sites

I'm confused at where you are in the process. Did you already get the K-1 and are doing AOS now? If so, the 2YHRR should have been evaluated before the K-1 was issued.

 

A single day short will not qualify. That said, worst case is they refuse the green card until it is met. Take a trip to Canada or Mexico or somewhere (assuming she has AP already).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
11 minutes ago, geowrian said:

I'm confused at where you are in the process. Did you already get the K-1 and are doing AOS now? If so, the 2YHRR should have been evaluated before the K-1 was issued.

 

A single day short will not qualify. That said, worst case is they refuse the green card until it is met. Take a trip to Canada or Mexico or somewhere (assuming she has AP already).

Thanks for your response. Yes we did the interview for AOS, and were not approved immediately. Few weeks later we got the letter asking for evidence regarding the J-1.

 

Is going to Canada valid even if it's not the home country? Thanks again!

Share this post


Link to post
Share on other sites

*Moved from K-1 Progress Reports to AOS from K-1 Visas. OP is past the K-1 process. *

 

Just now, soccerguy845 said:

Is going to Canada valid even if it's not the home country? Thanks again!

...my bad, you're right. I was thinking of physical presence, not the 2YHRR for some mistaken reason in my head. :P


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
1 hour ago, geowrian said:

*Moved from K-1 Progress Reports to AOS from K-1 Visas. OP is past the K-1 process. *

 

...my bad, you're right. I was thinking of physical presence, not the 2YHRR for some mistaken reason in my head. :P

Any opinions on having her go home to complete her time in order to add that to the evidence to be submitted? Would she be able to enter back into the country on the K-1? Again, I plan to get professional advice I'd just like opinions as I am anxious.

 

Update: I now see that K-1 has expired and therefore she would have to use the tourist visa so I don't know how that would work.

Edited by soccerguy845

Share this post


Link to post
Share on other sites
5 minutes ago, soccerguy845 said:

Any opinions on having her go home to complete her time in order to add that to the evidence to be submitted? Would she be able to enter back into the country on the K-1? Again, I plan to get professional advice I'd just like opinions as I am anxious.

 

Update: I now see that K-1 has expired and therefore she would have to use the tourist visa so I don't know how that would work.

The K-1 is single use, so that became void at her first POE anyway. If she exits the US with a pending AOS application and without Advance Parole (AP), the AOS application is automatically deemed abandoned and will be denied. So she can't use a tourist visa (not to mention, using a tourist visa as a means to immigrate is a huge no-no (it's fraud)).

 

Did she not apply for an EAD + AP alongside AOS? AP is granted via an I-131. There's no extra fee for it due to an I-485.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

If you fill out  a timeline we can see where you are in the process and offer the best advice.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
24 minutes ago, geowrian said:

Did she not apply for an EAD + AP alongside AOS? AP is granted via an I-131. There's no extra fee for it due to an I-485.

She has the EAD, in fact she currently has a job. She does not have an AP unfortunately.

 

26 minutes ago, Paul & Mary said:

If you fill out  a timeline we can see where you are in the process and offer the best advice.

Sept 22, 2018 Married in the US

I-797 notice of action received on 10/12/2018

Interview notice arrived June12, 2019

Interview Occurred July 24, 2019  (no decision made at interview)

Request for evidence of compliance with 2YHRR was sent August 26, 2019

 

 

Thanks a lot for the support.

Share this post


Link to post
Share on other sites
1 hour ago, soccerguy845 said:

She has the EAD, in fact she currently has a job. She does not have an AP unfortunately.

Is it a combo card (See the "Serves as I-512 Advance Parole" on the front of it)?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
13 minutes ago, soccerguy845 said:

Unfortunately Not. It specifically states that it is not valid for re-entry. 

Darn =\


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
8 hours ago, geowrian said:

Darn =\

Makes no difference. 2-year HHR has to be either fulfilled or the waiver for it approved PRIOR TO applying for AOS AFAIK.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
30 minutes ago, EM_Vandaveer said:

Makes no difference. 2-year HHR has to be either fulfilled or the waiver for it approved PRIOR TO applying for AOS AFAIK.

:( so even with a lawyer we’re provably screwed unless we can be slightly ambiguous about the time spent back in the home country to gain the 2 days?

 

...and then after rejection we go back to needing to get a k-1 again and starting from scratch?

Share this post


Link to post
Share on other sites
51 minutes ago, EM_Vandaveer said:

Makes no difference. 2-year HHR has to be either fulfilled or the waiver for it approved PRIOR TO applying for AOS AFAIK.

I was only able to find references in the FAM (since a K visa was not supposed to be issued if it was not met yet), but it only said "prior to obtaining permanent residency", in alignment with the INA.

I'm not saying you're wrong...this is a unique situation due to the prior error...I was just unable to find anything indicating that myself.

 

18 minutes ago, soccerguy845 said:

:( so even with a lawyer we’re provably screwed unless we can be slightly ambiguous about the time spent back in the home country to gain the 2 days?

 

...and then after rejection we go back to needing to get a k-1 again and starting from scratch?

Are you including or excluding the dates traveled between the countries? The INA does not explicitly state full days, so even 1 minute there should technically qualify as a day.

 

I think it is time to seek professional assistance, though. At least a consultation.

 

It would be a CR-1/IR-1 this time since you are now married. Technically you could do the petitioning process while in the US, then obtaining an I-601A waiver for what will be the overstay due to unlawful presence, then just go back abroad to complete the 2YHRR and consulate interview.

...but this is still a "worst case" scenario. See what the attorney says.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
7 minutes ago, geowrian said:

I was only able to find references in the FAM (since a K visa was not supposed to be issued if it was not met yet), but it only said "prior to obtaining permanent residency", in alignment with the INA.

I'm not saying you're wrong...this is a unique situation due to the prior error...I was just unable to find anything indicating that myself.

 

Are you including or excluding the dates traveled between the countries? The INA does not explicitly state full days, so even 1 minute there should technically qualify as a day.

 

I think it is time to seek professional assistance, though. At least a consultation.

 

It would be a CR-1/IR-1 this time since you are now married. Technically you could do the petitioning process while in the US, then obtaining an I-601A waiver for what will be the overstay due to unlawful presence, then just go back abroad to complete the 2YHRR and consulate interview.

...but this is still a "worst case" scenario. See what the attorney says.

Great info. These were the specific dates that we have documented:

 

12/15/2015 left US to go home

9/8/2016 arrived in US

9/29/2016 left the US

3/28/2017 arrived in the US

6/6/2017 left the US

12/29/2017 arrived in the US

6/27/2018 left the US

9/10/2018 arrived in the US on K-1

 

IF I include all of these dates I get 732 days. If I include only arrivals or departures the sum is 728. With neither it’s 724.

Share this post


Link to post
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
- 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...