maybeariadne

Yeah I ended up not getting an advisory opinion (it got lost in the mail lol), and it wasn't even brought up during my immigrant visa interview, so 🤷‍♂️

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

Is the income of her current husband 0? He moved back to the US last December and is working for a US company in the US... Seems completely fine, there really is not much concern that his previous years taxable income was 0 due to being overseas, just fill those blanks in with 0 and the current income with the current income. Have payslips ready but it's not really an unheard of situation for the NVC so I wouldn't be too worried

Just to update everyone, I sailed through US immigration last week with an approved i130. I was flying with my spouse, and we went through the non-citizen line together, and I was asked when my return flight was, and why I wasn't staying with my spouse--to which I answered that I will once I get through the immigrant visa application process. The CBP officer seemed quite happy with that and gave me the standard 6 months entry even though I told him I was only there for a quick visit. They didn't ask for any documents, and gave me the full 6 months entry stamp even for my quick trip. For the record I am a resident of a """low fraud""" country but a citizen of a """high fraud""" one.

I have my interview scheduled, but my spouse is flying to the US a week before it because he's starting a new job there (we are both currently living overseas). I'm planning to go with him and help him move in and assemble furniture and stuff, and I'll have the interview schedule confirmation and my lease and employment verification and all that jazz. My main question is, can we go through immigration together or do we have to line up separately?

@konrad89 @Amoyar_Dever Thanks for your replies! I believe 212(e) was mistakenly applied to me, so I'm getting an advisory opinion first before trying for a waiver. Will update in this thread once I hear back, in case other people face the same issue

Hi @konrad89, just wondering what happened to your friend's case, as I am in the same situation where a different government financed my exchange. In my case, my DS2019 says I fall under 212e but my visa stamp on my passport says I don't. I 'm trying to get an advisory opinion, but funny enough, on the forms it only asks if there was any funding from the US or the home country. I'm just about to send it off, but just from the info on the advisory opinion request form itself, it would look like our case would be exempt, but of course it's still up to the DOS

My J1 visa stamp says I am not subject to 212e, but on my DS-2019, it says I am subject due to government financing. My government financing is not from the US government nor my home country's government; it is from a third country's government, financing my education in that country as a form of outreach to my home country. I then decided to do one semester abroad in the US, and the school fees were covered by the scholarship. That said, there is no clause in my scholarship stating I must return to my home country, and in fact I have been working in this third country since my graduation. I'm in the process of asking for an advisory opinion, but since that will take a minimum of 2 months, I was wondering if anybody here has experience with similar cases. Would I be subject to two year residency in the third country whose government financed my program (which I will be able to meet), my home country (which I will not, and will have to get a waiver), or will I not be subject to the requirement at all (as from the regulations I saw, it only explicitly stated financing from US or home country governments)?