K1 INTERVIEW GOT A 221G. NEED HELP.

[MJandJON 1]

Hi I just had my interview today and got a "221g Administrative Processing". So this is my case. I am a J1 Visa Exchange Visitor last year. That is how I met my fiance, we work together,fell in love and the rest is history.So before I leave the US we file for a K1 visa. Now my previous visa was issued Dec 21, 2011 and expires at Dec 20,2012. I leave the US on January 19,2013 since all J1 visa holder has a 1 month grace period after the visa expires to travel and fix things before going back to home country. When we file the petition the USCIS was aware of my status and did a background check of my activities while under J1 visa before they approved our case. Then its my big day at the USEM Manila,I thought everything will be fine. Then this happened....

CO: Oh so I see that youve been to the USA

ME: yes maam I had a J1 visa before

CO: Im sorry what?

ME: J1 visa. (how stupid she was)

CO: What is J1 visa I do not know that kind of visa.

ME: Its an exchange visitor visa.

CO: Oh ok.

...CO check documents and computer...

CO: I can see here that your visa expires at Dec 20,2012 but you exit the country at Jan 19,2013. (shocked)

ME: Well I used my 1 month grace period to travel after my internship, ( I leave for exactly 30days after my visa expires, now I regret it)

CO: What is grace period? Never heard of that, I hope you didn't heard it from a "friend". Hold on a second and I will ask my colleagues about this kind of visa since I do not know this coz I dont handle this type of visa.

Wait for 5 mins then she came back..

CO: Im sorry to say this but this could be a delay on your visa, coz we have to double check it and pass it to the immigration again to make sure there will be no problem. You just have to wait an we will contact you when the process is done. we will notify you.

That's it! Just bcoz she doesnt believe me that there is "grace period in J1 visa" she thinks I overstayed and violated something I dont know.

Does anyone here same as me? From J1 to K1 visa then had some issues like me? Please help me with this, never found or talk to somebody same case as me. Such a horrible journey.

[a+j 77]

Unless you were working or continuing your exchange activities during those 30 days, you should be completely fine. http://j1visa.state.gov/participants/current/adjustments-and-extensions/

Did your J1 visa come with a 2 year home residency requirement? That's the real problem, if that's the case.

[MJandJON 1]

Unless you were working or continuing your exchange activities during those 30 days, you should be completely fine. http://j1visa.state.gov/participants/current/adjustments-and-extensions/

Did your J1 visa come with a 2 year home residency requirement? That's the real problem, if that's the case.

No 2 year rule. And I was on travel and vacation for my grace period. What frustrating is, the CO doesnt believe about J1's grace period.

[a+j 77]

No 2 year rule. And I was on travel and vacation for my grace period. What frustrating is, the CO doesnt believe about J1's grace period.

I wonder how days are calculated. If your visa expired on December 20 and you left on January 19, does it mean you stayed 30 or 31 days after the expiration? I mean, is December 20 considered the last day of validity of the visa, or the first of the grace period?

Do the calculations, and if it's 30 days do not worry, because you did nothing wrong.

[MJandJON 1]

I wonder how days are calculated. If your visa expired on December 20 and you left on January 19, does it mean you stayed 30 or 31 days after the expiration? I mean, is December 20 considered the last day of validity of the visa, or the first of the grace period?

Do the calculations, and if it's 30 days do not worry, because you did nothing wrong.

I did the counting again on my calendar and its exactly 30 days. I count on Dec 21 since as what I understand that is the start of the grace period? correct me if im wrong, not sure. If i did it for 31 days, i think im screwed. BUt i will search about it, on when do you start counting

do you know anybody same as me? or any threads i can read about this? im getting nuts cant find one

Edited August 23, 2013 by MJandJON

[MJandJON 1]

"J-1 Exchange Visitors who maintain their visa status with a valid DS-2019 are allowed to remain in the U.S. for up to 30 days beyond the expiration date on their DS-2019, but may not continue in their program, work, or earn money from a U.S. source during this 30-day “grace period.” "

My DS 2019 states that : Forms cover from Dec 21,2011 to Dec 20,2011. its says beyond so i count on the 21. right?

[NikLR 13,220]

***moved to progress reports from process and procedures***

[a+j 77]

I had a J1 before and stayed in the US like 8 days during the grace period. Didn't have a problem getting my K1 three years after that.

Yeah, reading your quote I'm pretty sure you should start counting from the 21. Hang in there, you'll be fine

[Harpa Timsah 13,258]

It doesn't even matter if you overstayed a month. There is no ban or anything for overstaying until you overstay for 6 months (180 days). So this is a real non-issue, either way.

[a+j 77]

It doesn't even matter if you overstayed a month. There is no ban or anything for overstaying until you overstay for 6 months (180 days). So this is a real non-issue, either way.

Thanks. I wonder why the OP had issues with the grace period in the first place.

[MJandJON 1]

I had a J1 before and stayed in the US like 8 days during the grace period. Didn't have a problem getting my K1 three years after that.

Yeah, reading your quote I'm pretty sure you should start counting from the 21. Hang in there, you'll be fine

Wow really thank God. Never met a k1 applicant here in Philippines that was same as me. Knowing your story made me feel relieve that there is someone same as me. Thanks aj

[baron555 934]

So what did the 221g say?

[MJandJON 1]

So what did the 221g say?

It just says "wait until you hear from us" no documents needed

[madison925 2]

I was also a J1 visa holder, held a visa valid from April 04 2011 to April 04 2012 left at exactly May 4, 2012, exactly 30 days, I used my whole grace period. I got approved right away and is now waiting for the visa to be delievered. She also asked me about already being in the US, I bet she knew that it has a grace period that's why I never encountered anything like yours.

It will all be fine, there might be some delay but it will be alright since, a J1 holder has a 30 days grace period and is allowed to get another visa if you dont have the 2 year rule.

So, you are fine. I am hoping the best for you.

[Operator 1,925]

CO: What is grace period? Never heard of that, I hope you didn't heard it from a "friend". Hold on a second and I will ask my colleagues about this kind of visa since I do not know this coz I dont handle this type of visa.

Wait for 5 mins then she came back..

Here is a transcript of that conversation:

CO#1: Hey Cindy, watcha doin?

CO#2: Takin' a break.

CO#1: Got plans for tonight?

CO#2: Yeah, going to that new Italian restaurant on Alonzo St.

CO#1: Nice, you ever heard of a J-1 Visa?

CO#2: K-1?

CO#1: No, she said J-1.

CO#2: What time is it?

CO#1: About 11:15

CO#2: What are you doing for lunch?

CO#1: I've got this egg salad sandwich but if you're buying....

CO#2: I could use a beer or 12

CO#1: I'm in, let me finish this interview real quick