J1 2-year residency requirement - what is considered a home country???(merged)

[pooj97 89]

I am currently in the process of filling out form I-129F for my fiance. He has previously studied abroad in the US for one semester on a student visa (J1 visa). I don't see anything on the form letting them know that he previously had another visa to stay in the US, other than the physical address history. Should I say anything about this in the cover letter or anywhere else in the packet? Thanks.

[ineedadisplayname 443]

48 minutes ago, pooj97 said:

I am currently in the process of filling out form I-129F for my fiance. He has previously studied abroad in the US for one semester on a student visa (J1 visa). I don't see anything on the form letting them know that he previously had another visa to stay in the US, other than the physical address history. Should I say anything about this in the cover letter or anywhere else in the packet? Thanks.

It is not relevant unless he has/had a 2 years home country physical presence requirement. Even with that is not relevant, but it will be harder to get an exception for the 2 years requirement if applies to him.

 

When he will complete the DS-160 for the consulate interview he will have a chance (required on the DS-160) to answer questions about being in the US.

[Hank_ 9,173]

52 minutes ago, pooj97 said:

I am currently in the process of filling out form I-129F for my fiance. He has previously studied abroad in the US for one semester on a student visa (J1 visa). I don't see anything on the form letting them know that he previously had another visa to stay in the US, other than the physical address history. Should I say anything about this in the cover letter or anywhere else in the packet? Thanks.

Complete the form answering the questions as literally asked, don't overthink anything.   

 

And lastly -  Never DO-DO when DO will DO.

[pooj97 89]

Hi there, not sure if I should be posting this in J1 or K1 forum but me and my fiancé are confused about a couple things regarding the 2 year home residency requirement for the J1 visa. We are currently in the process of getting all our documents together to apply for the K1 visa. My fiancé is a dual citizen of UK and Canada. He was born in the UK but obtained Canadian citizenship 9 years ago. He decided to go back to London for his university studies for 4 years from 2015-2019. However, he studied abroad in Pittsburgh, PA for a term from September 2018-December 2018. After this, he returned to London from January 2019-July 2019 to finish his degree in the UK, but then returned to Canada after July 2019, where he is currently living with his parents and working. So our question is - what is considered his “home country?” Is he required to stay in the same country for two years or is it okay for him to live in two different countries where he is a citizen and it still fulfills the two year requirement? Is it possible for the K1 visa to be issued in December 2020 if he has not stayed in the UK only but rather two different countries for his 2 year requirement? Thanks in advance! 

[Boiler 43,461]

Where did he get his J1, which Passport did he use.

[pooj97 89]

6 minutes ago, Boiler said:

Where did he get his J1, which Passport did he use.

He received it on the US Canada border on his Canadian passport

[Boiler 43,461]

4 minutes ago, pooj97 said:

He received it on the US Canada border on his Canadian passport

Well you have your answer.

[pooj97 89]

29 minutes ago, Boiler said:

Well you have your answer.

So his time in the UK from January-July 2019 wouldn’t count as part of the 2 year requirement? He would have to be in Canada for it?

[SusieQQQ 11,584]

It is 2 years of physical presence in the country of last legal residence. If that was Canada (as seems the case as he entered from there) then 2 years in Canada is required.

Edited January 3, 2020 by SusieQQQ

[pooj97 89]

Me and my fiancé are currently in the process of applying for the K1 visa. He previously studied abroad on a J1 visa for a term in the US. We just found his DS2019 form and on the section where it says if he would be subject to the 2-year residency requirement, there is no box ticked. For reference, see the below picture. He also doesn’t have his J1 visa anymore - it is lost. Is there any way we can find out if he is subject to the 2 year requirement? Or if no box is ticked, does that mean there is no 2 year residency requirement? Thanks.

[pooj97 89]

Me and my fiancé are currently in the process of applying for the K1 visa. He previously studied abroad on a J1 visa for a term in the US. We just found his DS2019 form and on the section where it says if he would be subject to the 2-year residency requirement, there is no box ticked. For reference, see the below picture. He also doesn’t have his J1 visa anymore - it is lost. Is there any way we can find out if he is subject to the 2 year requirement? Or if no box is ticked, does that mean there is no 2 year residency requirement? Please help. Thanks.

[SalishSea 16,777]

1 hour ago, pooj97 said:

Me and my fiancé are currently in the process of applying for the K1 visa. He previously studied abroad on a J1 visa for a term in the US. We just found his DS2019 form and on the section where it says if he would be subject to the 2-year residency requirement, there is no box ticked. For reference, see the below picture. He also doesn’t have his J1 visa anymore - it is lost. Is there any way we can find out if he is subject to the 2 year requirement? Or if no box is ticked, does that mean there is no 2 year residency requirement? Please help. Thanks.

Is the visa no longer affixed to the passport?

[Just Paul 4,591]

No tick? - usually one or the other is ticked.  Probably no requirement if he was paying for the program on his own.

 

Unfortunately without the visa there is no way to confirm.

[bayfinest 27]

10 hours ago, pooj97 said:

Me and my fiancé are currently in the process of applying for the K1 visa. He previously studied abroad on a J1 visa for a term in the US. We just found his DS2019 form and on the section where it says if he would be subject to the 2-year residency requirement, there is no box ticked. For reference, see the below picture. He also doesn’t have his J1 visa anymore - it is lost. Is there any way we can find out if he is subject to the 2 year requirement? Or if no box is ticked, does that mean there is no 2 year residency requirement? Thanks.

 

You can do an online inquiry at the Department of State website HERE-https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html. If you have other concern, I strongly suggest that email the advisory opinion or Waiver Advisory Opinion on your case. They have all the records and surely knows everything about the status of your case. Goodluck!

[Rose711 35]

May I ask why you are doing a K1 visa rather than marrying and doing a spouse visa? He would be able to continue to live and work in Canada and accrue time (if he needs it from your other post.) He will be able to work immediately when he comes to the US.