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J-1 and 2 year hrr

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Filed: Citizen (apr) Country: Russia
Timeline

Hello everyone!

My fiance and I are currently waiting for our NOA2.

I've read the topics about J-1 and 2 year hrr, but I haven't found an answer to my question.

I spent a year in the U.S. as an exchange student on J-1 visa. Though I don't have the passport with the visa, I'm sure that this 2 year rule is applied to me. (I have to spend two years in Moldova before I can go back to the U.S.)

After I came back from the U.S., I spent 15 months in Moldova and moved to Russia for college. (I've graduated and I'm still in Russia.) While studying in college I traveled a lot to Moldova on vacations, so the total time spent in Moldova is a bit more than 2 years.

My concern is that for about 3.5 months I don't have stamps in my passport or tickets. (I didn't have an international passport during first 1.5 years in college). I'm planning to base the evidence for this time on the schedule of my exams, vacations and holidays. (The rest 3.5 years show that I've spent in Moldova all of the vacations or holidays I've had. Comparison is obvious).

I wonder what happens if the person, who'll be interviewing me for the visa, thinks that this evidence is not good enough? Will I have a chance to spend 3.5 months in Moldova and get visa soon after that or will I be denied and we'll have to go through the whole process of applying for K-1 again later?

Could you please share your ideas and experience?

I'm extremely worried about this situation. Any help will be appreciated.

Thank you in advance!

Natalia

Our Timeline

2005-08-07 -- Met in Moscow

2007-10-08 -- Got engaged

K-1

2007-10-26 -- I-129F Sent to CSC

2007-11-06 -- NOA1

2008-03-21 -- NOA2!!!

2008-06-30 -- Interview - Approved!!

2008-07-03 -- Visa received

2008-07-11 -- Kyle flies to Moscow

2008-07-14 -- Kyle and Tasha fly home!

2008-07-20 -- Married on the beach

AOS

2008-09-04 -- Filed for AOS

2008-09-10 -- NOA1s

2008-10-06 -- Biometrics

2008-11-15 -- AP approved

2008-11-19 -- EAD approved

2008-11-20 -- AP received

2008-11-24 -- EAD received

2008-12-09 -- Interview- Approved!!

2009-01-23 -- Green card received

Lifting of Conditions

2010-10-01 -- Filed

2010-10-04 -- NOA1

2010-11-12 -- Biometrics

2011-01-12 -- Approved

2011-01-20 -- Green card received

Naturalization

2011-09-10 -- Filed

2011-09-16 -- NOA1

2011-10-14 -- Biometrics

2011-11-22 -- Interview

2011-12-12 -- Approved

2011-12-14 -- Oath Ceremony

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Filed: K-1 Visa Country: Sweden
Timeline

Finally someone else going through this issue. I have to tell you that we just encountered this, but we have a different issue. My fiance's original visa said he is NOT subject to the rule, but the DS-2019 form he had to get his student visa 2 year ago, said he is. We are now working with the congressmans office to determine the truth before he steps foot in the US embassy in Sweden. First things first, you need to seek advisory council or find your DS2019 form. If you had a student visa on specific terms like Medical, or a trade your country needed then you may apply OR you received any government funds for school or the internship you most likely apply. You can go online and take a survey at this website and learn more info. If you are subject you might want to apply for a waiver http://travel.state.gov/visa/temp/info/info_1296.html however, depending how far you are in your K1 process and if you are still in your home country, you may fulfill your HRR before your interview.

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Filed: K-1 Visa Country: England
Timeline

I also am getting slightly worried about the J1 2 year home country thing. I never went to school in the states but i did work in Yellowstone National Park Summer 2005 and Summer 2006 on a J1 Visa. Does this mean that i will be subject to the 2 year home residency thing??? I really hope not!! I have visited the states many times since 2005, mainly on the Visa Waiver Programme, but as i said - i have been on a J1 visa summers of 05 and 06.

Does anyone have some definitive answers regarding this?

Thanks!

June 20th 2007.....I-129f Sent to CSC!

July 7th 2007....NOA1

November 8th....NOA2

December 8th.....Packet 3 Received (Sent back 10th)

January 8th.....Packet 4 Received

January 16th.....Interview in London

January 20th....Flight to AZ via JFK, received temp EAD

February 29th...Civil Ceremony

March 10th...I485, I765 & I131 sent to Chicago

March 22nd....Received NOA for I485, I131 & I765 (All dated March 18th)

March 24th....Received Biometrics Appointment Letter (dated March 20th)

April 7th...Request for Initial Evidence for I485 (Received in MO on the 10th)

April 9th....Biometrics Appointment

May 30th...EAD Card Production Ordered and AP Approved

June 7th....Wedding!!

June 13th...EAD Card & AP in hand

September 22nd...AOS Interview - APPROVED!

Nov 21st...Card Production Ordered!

Nov 22nd...Welcome to America Letter Received

Nov 29th 2008...Green Card Received!!!

Aug 20th 2010...Mailed I-751 to CSC

Aug 23rd...Check Cashed

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Filed: K-1 Visa Country: Brazil
Timeline
I also am getting slightly worried about the J1 2 year home country thing. I never went to school in the states but i did work in Yellowstone National Park Summer 2005 and Summer 2006 on a J1 Visa. Does this mean that i will be subject to the 2 year home residency thing??? I really hope not!! I have visited the states many times since 2005, mainly on the Visa Waiver Programme, but as i said - i have been on a J1 visa summers of 05 and 06.

Does anyone have some definitive answers regarding this?

Thanks!

You can just check on your passport J-1 visa stamp. If it's not applied it should say: "2 year rule does not apply" as well as in your DS-2019 or equivalent document.

Best of luck to everyone,

- Vanessa.

Conditions lifted 10 yr GC in hands since Feb. 2011!

...onto researching and studying to become a U.S Citizen.

Click here for our complete timeline

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Filed: K-1 Visa Country: England
Timeline
I also am getting slightly worried about the J1 2 year home country thing. I never went to school in the states but i did work in Yellowstone National Park Summer 2005 and Summer 2006 on a J1 Visa. Does this mean that i will be subject to the 2 year home residency thing??? I really hope not!! I have visited the states many times since 2005, mainly on the Visa Waiver Programme, but as i said - i have been on a J1 visa summers of 05 and 06.

Does anyone have some definitive answers regarding this?

Thanks!

You can just check on your passport J-1 visa stamp. If it's not applied it should say: "2 year rule does not apply" as well as in your DS-2019 or equivalent document.

Best of luck to everyone,

- Vanessa.

Ok now im really stressing out!

I just looked through my passport and the stamps that i got when i entered on my J1 visa are exactly the same as all the other stamps that i have had when going through on the VWP. There is no mention anywhere of "2 year rule does not apply".

I really hope that this worry is for nothing...can someone reassure me?!

June 20th 2007.....I-129f Sent to CSC!

July 7th 2007....NOA1

November 8th....NOA2

December 8th.....Packet 3 Received (Sent back 10th)

January 8th.....Packet 4 Received

January 16th.....Interview in London

January 20th....Flight to AZ via JFK, received temp EAD

February 29th...Civil Ceremony

March 10th...I485, I765 & I131 sent to Chicago

March 22nd....Received NOA for I485, I131 & I765 (All dated March 18th)

March 24th....Received Biometrics Appointment Letter (dated March 20th)

April 7th...Request for Initial Evidence for I485 (Received in MO on the 10th)

April 9th....Biometrics Appointment

May 30th...EAD Card Production Ordered and AP Approved

June 7th....Wedding!!

June 13th...EAD Card & AP in hand

September 22nd...AOS Interview - APPROVED!

Nov 21st...Card Production Ordered!

Nov 22nd...Welcome to America Letter Received

Nov 29th 2008...Green Card Received!!!

Aug 20th 2010...Mailed I-751 to CSC

Aug 23rd...Check Cashed

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Filed: Citizen (apr) Country: Russia
Timeline
Finally someone else going through this issue. I have to tell you that we just encountered this, but we have a different issue. My fiance's original visa said he is NOT subject to the rule, but the DS-2019 form he had to get his student visa 2 year ago, said he is. We are now working with the congressmans office to determine the truth before he steps foot in the US embassy in Sweden. First things first, you need to seek advisory council or find your DS2019 form. If you had a student visa on specific terms like Medical, or a trade your country needed then you may apply OR you received any government funds for school or the internship you most likely apply. You can go online and take a survey at this website and learn more info. If you are subject you might want to apply for a waiver http://travel.state.gov/visa/temp/info/info_1296.html however, depending how far you are in your K1 process and if you are still in your home country, you may fulfill your HRR before your interview.

Thank you for your reply and for the link.

I hope you can determine the truth about your fiance's visa soon! Good luck!

I'm sure I have HRR, because I was on a student exchange program financed by the U.S. government (Freedom Support Act). I have completed my HRR, but I'm not sure if the evidence I have is going to be good enough.

That's why I'm wondering what can happen if whoever interviews me thinks that the evidence for about 3.5 months isn't persuasive (for the rest of the time it should be fine).

I'm not staying in my home country and it wouldn't be easy to move there now. I don't want to do it unless there is no other way.

Natalia

Our Timeline

2005-08-07 -- Met in Moscow

2007-10-08 -- Got engaged

K-1

2007-10-26 -- I-129F Sent to CSC

2007-11-06 -- NOA1

2008-03-21 -- NOA2!!!

2008-06-30 -- Interview - Approved!!

2008-07-03 -- Visa received

2008-07-11 -- Kyle flies to Moscow

2008-07-14 -- Kyle and Tasha fly home!

2008-07-20 -- Married on the beach

AOS

2008-09-04 -- Filed for AOS

2008-09-10 -- NOA1s

2008-10-06 -- Biometrics

2008-11-15 -- AP approved

2008-11-19 -- EAD approved

2008-11-20 -- AP received

2008-11-24 -- EAD received

2008-12-09 -- Interview- Approved!!

2009-01-23 -- Green card received

Lifting of Conditions

2010-10-01 -- Filed

2010-10-04 -- NOA1

2010-11-12 -- Biometrics

2011-01-12 -- Approved

2011-01-20 -- Green card received

Naturalization

2011-09-10 -- Filed

2011-09-16 -- NOA1

2011-10-14 -- Biometrics

2011-11-22 -- Interview

2011-12-12 -- Approved

2011-12-14 -- Oath Ceremony

0_2_1216497600_ccfb20e6e5ede0f2fb.png

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