My J-1 visa says 2 year rule applies but ads-2019 says it doesn’t.

[Benifit7 0]

My wife and I are beginning the process of filing for an adjustment of status. 
 

there are so many stressful things going on simultaneously. 
 

1. her visa says the 2 year rule applies, her daughter-2019 says it doesn’t. 
 

2. her au pair company says she’ll owe 10k in Ecuador if she’s here illegally. 
 

3. the process to find out if the 2 year rule applies takes up to 8 weeks .

 

4. if she leaves her au pair role, her visa will be canceled . They’re currently asking her to rematch but n different states. Can this create issues ? Other than the obvious 

[milimelo 4,268]

So your wife’s visa says 2-yr residency applies but her daughter’s visa doesn’t say that? If wife is the principal (j-1) and daughter (j-2) it matters. How did she even bring her daughter as an au pair? 
 

if in doubt, follow the correct path to find out if the rule applies. 
 

For 2. That’s something between your wife and the company that got her au pair position. If there’s a contract she signed, look what it says. 
 

[Benifit7 0]

7 hours ago, milimelo said:

So your wife’s visa says 2-yr residency applies but her daughter’s visa doesn’t say that? If wife is the principal (j-1) and daughter (j-2) it matters. How did she even bring her daughter as an au pair? 
 

if in doubt, follow the correct path to find out if the rule applies. 
 

For 2. That’s something between your wife and the company that got her au pair position. If there’s a contract she signed, look what it says. 
 

I’m such an idiot 😂. When I tried to write DS-2019 it auto corrected to daughter and I didn’t catch it. I think I figured out the issue though. It seems Ecuador itself has a rule that anyone in visa group 19 has the requirement regardless of whether the visa holder had government funding for their program. I think the visa was issued in Ecuador and that’s why it says the 2 year rule applies. The ds-2019 was issued in the USA and says there is not requirement. I think I need to get ahold of the Ecuadorian consulate.

[maybeariadne 3]

In general J1 Au Pairs are not subject to the 2 year residency requirement, though I'm not sure if Ecuador has any specific regulations on it

[Benifit7 0]

10 minutes ago, maybeariadne said:

In general J1 Au Pairs are not subject to the 2 year residency requirement, though I'm not sure if Ecuador has any specific regulations on it

This was my understanding as well, but it’s extremely complicated for some reason. I would literally give a kidney if someone can help me get in touch with the Ecuadorian embassy in DC. They never return emails or pick up the phone.

[Coco8 1,039]

You need the consulate in DC, not the embassy. Though they might seem like the same, they are not. You can also try the consulate in NYC or any other. You might have better luck.

Edited August 29, 2022 by Coco8

[jan22 2,918]

Generally, au pairs are not subject to 212 (e).  However, according to the Exchange Visitors Skills List (https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/exchange-visitor-skills-list.html and https://www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-skills-list), Ecuador requires essentially all categories of J-1s to meet the 212(a) two-year home residency requirement.

Edited August 29, 2022 by jan22