em79sugar

Hi Everyone,
Some of you may have seen my previous posts or questions about something called the Home Residency Requirement or the 212 (E). I am now almost the end of our K1 visa process. Recently, after our NOA 2 was issued, I became very worried that he was subject to this rule, as it is a requirement that sometimes applies to previous exchange Visa's such as a J1, which he had. We had a copy of the J1 visa that was issued, and very clearly it states that the bearer is NOT Subject to the rule. You would think that being these words are on a VISA, then they must be the truth and the final say. NOT!
Because of this nagging intuition, I asked my fiance to look at the paperwork he completed prior to his J1 Visa interview, it s called a DS-2019 or a IAP-66. Clearly on the DS 2019 form it states that he IS subject to this rule, based on government funds he received from his home country. So, now I was very worried, the Visa says he is Not, the DS-2019 says he is....so what one is right?
I decided to get my congressmans office involved, some people advise against this, but considering my fiance was in his home country and not here trying to change his status, and we were in the middle of a K1 Visa process, I needed help quick. My attorney was helpless and could have cost us our visa had my fiance gone to his interview and found out he was subject.
I got in contact with someone in immigration in the Congressmans office and she immediately got on the ball. However, we still needed to wait for our petition to get to the NVC so she could get our new case number and contact the US Embassy in Sweden to review his case about the HRR as soon as our file arrived. She honestly believed that the Visa supercided the DS-2019 form and told us NOT to apply for the HRR WAIVER that one can do if they are subject to this rule and to get the rule removed.
Following her instructions, I DID NOT apply for the waiver until the case got to the US Embassy because she may be able to get us an answer to save us time and money. It took almost 5 weeks for our petition to get to the NVC, that set us back quite a while and then once it got there, she received word that regardless what the Visa said, the DS-2019 form is the final sayer. WHAATTT???? Ya I know, the visa was printed after the government reviewed the DS-2019 form, so shouldn't that be correct? NO!
We just applied for the waiver today and can hopefully get it expedited with assistance from the Congressmans office so we can mail back the packet three papers as we are stalling right now. SUCKS!
So please, if you find yourself in this predicament, check the DS-2019 form and go by that form, apply for the Waiver if you can and don't waste your time like I did.