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soccerguy845

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

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20 minutes ago, soccerguy845 said:

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.

You are OK, then. Partial days count....


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!

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Agreed...partial days should be fine to be included.


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

 

 

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15 minutes ago, EM_Vandaveer said:

You are OK, then. Partial days count....

 

13 minutes ago, geowrian said:

Agreed...partial days should be fine to be included.

 

I read the contrary, that even one minute in the US negates that day. Do you have a reference that states I can count partial days ? 

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I have not seen it specifically as it applies to the 2YHRR, but for other purposes they have included the date of departure and arrival.

 

For instance, with naturalization: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

Quote

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.

 

DHS also counts the date of arrival and date of departure when considering how long to grant status for and for overstays.


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

 

 

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1 hour ago, geowrian said:

I have not seen it specifically as it applies to the 2YHRR, but for other purposes they have included the date of departure and arrival.

 

For instance, with naturalization: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

 

DHS also counts the date of arrival and date of departure when considering how long to grant status for and for overstays.

 

I appreciate the links. Will do more digging on that see if I can understand the wording of the law better specifically for the 2yhrr of j1.

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23 minutes ago, Jorgedig said:

You didn’t apply for both at the same time!?  

Unfortunately we were unaware of this option since we followed a guide that didn’t mention it. Now hearing about it I’m not sure how we missed it, we must have just been overwhelmed with everything else. Live and learn I guess. 

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I had a similar experience, however I was applying for a CR1 visa and it was denied during interview because even though I had returned back to my home country more than 2 years before the interview, I took several trips to the US to visit my husband and abroad on vacation. The CO gave me the option to sit and wait until the 730 days were completed or to apply for a waiver. I chose the first option. 

 

I did not have to show up for a interview again. When the 730 day period was completed, I sent my passport and a document from the federal police to show all the days that I entered and left my home country since I left the US after my studies. You should try to obtain similar document from your home country. Or if she only traveled to the USA, I would obtain her I-94 travel history online and attach the plane tickets as well. 

 

I think 2 days won't be a problem. In my case I had way more than that. I would send all the evidence and let them make the decision before leaving the country and applying for another visa. 

 

 

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13 minutes ago, Chewbacca said:

I had a similar experience, however I was applying for a CR1 visa and it was denied during interview because even though I had returned back to my home country more than 2 years before the interview, I took several trips to the US to visit my husband and abroad on vacation. The CO gave me the option to sit and wait until the 730 days were completed or to apply for a waiver. I chose the first option. 

 

I did not have to show up for a interview again. When the 730 day period was completed, I sent my passport and a document from the federal police to show all the days that I entered and left my home country since I left the US after my studies. You should try to obtain similar document from your home country. Or if she only traveled to the USA, I would obtain her I-94 travel history online and attach the plane tickets as well. 

 

I think 2 days won't be a problem. In my case I had way more than that. I would send all the evidence and let them make the decision before leaving the country and applying for another visa. 

 

 

Nice to hear that others have faced similar issues. So you happened to already be in your home country? Unfortunately if she leaves the country we would be forfeiting the application. But I have been thinking the same that we should just let them make the decision based on evidence we provide them.

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1 minute ago, soccerguy845 said:

Nice to hear that others have faced similar issues. So you happened to already be in your home country? Unfortunately if she leaves the country we would be forfeiting the application. But I have been thinking the same that we should just let them make the decision based on evidence we provide them.

I wonder if you can apply for I-131 now? it'd still be $0 since based on pending AOS. Not sure if that would be granted or even be useful but maybe?

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1 hour ago, DrEllaNJ said:

I wonder if you can apply for I-131 now? it'd still be $0 since based on pending AOS. Not sure if that would be granted or even be useful but maybe?

That’s a good idea. We will do that since i don’t see how it can hurt currently, it may prove to be helpful in the future. Thanks!

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1 hour ago, DrEllaNJ said:

I wonder if you can apply for I-131 now? it'd still be $0 since based on pending AOS. Not sure if that would be granted or even be useful but maybe?

Yes they can, although I'm assuming it won't be issued before they make a decision (I'm presuming they got an RFE adter the interview to submit the evidence).


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

 

 

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1 minute ago, geowrian said:

Yes they can, although I'm assuming it won't be issued before they make a decision (I'm presuming they got an RFE adter the interview to submit the evidence).

This is true and I’m aware.. our deadline to return evidence is in November so likely it wouldn’t be completed by then. However, if somehow our time gets extended or a cover letter can help expedite the I-131 it may he worth doing since we are feeling desperate anyway.

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8 minutes ago, soccerguy845 said:

This is true and I’m aware.. our deadline to return evidence is in November so likely it wouldn’t be completed by then. However, if somehow our time gets extended or a cover letter can help expedite the I-131 it may he worth doing since we are feeling desperate anyway.

It's worth a shot, I agree.


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

 

 

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8 hours ago, soccerguy845 said:

Nice to hear that others have faced similar issues. So you happened to already be in your home country? Unfortunately if she leaves the country we would be forfeiting the application. But I have been thinking the same that we should just let them make the decision based on evidence we provide them.

Yes, I was already in my home country. I came to the USA with a visitor visa, got married and returned home to apply for the CR1 visa.

 

I think few days won't be an issue, but I would apply for AP as others suggested just in case. Good luck! 

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