Not sure if I finished my J1 Visa 2YHRR

[Tigermao 0]

I had 212e 2yhrr starting Aug 2019 (3 years ago) and I went back to my home country to serve my 2YHRR. In 2021, I traveled as a tourist on and off as I was working remotely. Now I have a clear path to immigration through marriage. We are literally a week away from it.

 

My question is I did the rough calculation today with my passport stamps and it turned out my total days in my home country are somewhere around 703 out of 3 years. Am I hosed?

 

Do they not count the days you took international trips as a tourist? All this time I did not come to the US. I always thought my 2yhrr was gone after two years.

 

Has anyone been in a similar situation? I never came back to the US for three years and run my own company in my home country so I have proofs that I have a 'life' there.

Edited September 24, 2022 by TBoneTX
language issue

[portorusa 431]

I did not have a personal experience with 2YYHR but I know someone who did. At the Consulate they do count a physical presence in your country - literally. And yes, they look at all the stamps in your passport and calculate each day.

[Tigermao 0]

1 minute ago, portorusa said:

I did not have a personal experience with 2YYHR but I know someone who did. At the Consulate they do count a physical presence in your country - literally. And yes, they look at all the stamps in your passport and calculate each day.

So I will have to send them each and every stamp when I am filing AOS? In proofs documents, they have asked for I-94 which is basically your entry/exit in/to the US only and some bills and receipts that you were in your country. Tbh I took 9 trips in 3 years for my business and never thought this could be the issue.

[portorusa 431]

It's unclear where you are now - in your home country waiting for the interview for CR1? If yes, then at the time of the interview the officer will be counting the days based on the stamps in your passport. You don't need to send them anything. If at the time of the interview the number of days spent in your home country is less than 2 years, you won't be issued the visa - instead told to come back after the time is served. 

[K1visaHopeful 2,840]

Your J1 requirements would have had to been fulfilled BEFORE you were granted a K1 visa to enter the US.

Since your timeline is completely BLANK, we cannot determine your immigration situation. 

Since you have posted this in an AOS from K1 visa forum, your question and comments do not make sense that you will be asked this at your AOS interview. 

No you won't. You already overcame that at your K1 visa interview abroad. You wouldn't have been granted your K1 in the first place. 

[Boiler 45,651]

Short version is that it is up to you to make sure you have met the obligation or apply for a waiver.

[Tigermao 0]

32 minutes ago, portorusa said:

It's unclear where you are now - in your home country waiting for the interview for CR1? If yes, then at the time of the interview the officer will be counting the days based on the stamps in your passport. You don't need to send them anything. If at the time of the interview the number of days spent in your home country is less than 2 years, you won't be issued the visa - instead told to come back after the time is served. 

I am in the US. We will be filing for AOS.

[Boiler 45,651]

8 minutes ago, Tigermao said:

I am in the US. We will be filing for AOS.

So you need a waiver?

[Chancy 6,241]

19 hours ago, Tigermao said:

I am in the US. We will be filing for AOS.

 

You entered with a K1 visa?

 

[Boiler 45,651]

4 hours ago, Chancy said:

 

You entered with a K1 visa?

 

Would have needed a waiver of to have completed the 2yHRR for a K1