Two year residency requirement for J-1 visa

[criticalchris 13]

I am currently in the process of applying for a K-1 visa. I have received my NOA2 and have a medical scheduled for next week. Hopefully, if everything continues smoothly, I will have my interview within two months or so.

I went out to America on an exchange year abroad course from 2011-2012 on a J-1 exchange visa. I did not have any funding from the US or from the UK; my tuition was paid to my home institution and I paid for my living costs myself using my own savings and a student loan (not grant) which is available to every student in the UK, even for exchange years.

I called the american uni months ago before we even sent the I-129f in to verify that I did not have a 2 year home residency requirement. They confirmed that I did not. However, I was wondering if I would need to prove this at the interview or if it will be on their own records? I no longer have the ds-2019 form which would have showed that as I accidentally misplaced it when I was moving home.

If I do need to prove it at the interview, how can I go about this?

[Yassine Fatima 4]

At the interview you can just show them your J1 visa. If you are required to fulfill the two-year Foreign Residency Requirement the box next to the phrase “subject to the two-year rule” will be checked off. However, if this box is not checked off it does not mean that you are not subject to the rule So the best to do is to request an advisory opinion from the Waiver Review Division. / advisory opinion is a statement issued by the Waiver Review Division declaring whether or not a J-1 holder needs to fulfill the two year foreign residency requirement. So that is a great proof

[FrenchieKaty 0]

I was on a J1 for a year and was not required the two year residency (it is written on your J1 visa if you are or not). They didn't ask anything about it. Don't worry about that.

[criticalchris 13]

I was on a J1 for a year and was not required the two year residency (it is written on your J1 visa if you are or not). They didn't ask anything about it. Don't worry about that.

I know I was definitely not subject to the residency requirement as logically I knew I shouldn't be (it was a university exchange with no grants) and I also called up the university I studied at in America and asked them to look at my DS-2019 and confirm that there was no 2 year residency requirement. My issue is that I don't havde the DS-2019 and I don't think my visa stamp states if I am or not. I think it doesn't mention it. So are you saying I don't need to take anything (ie DS-2019, which I no longer have) to the interview? I mean, presumably if you do have a residency requirement it would be their job to look it up and check that anyway?

[FrenchieKaty 0]

I know I was definitely not subject to the residency requirement as logically I knew I shouldn't be (it was a university exchange with no grants) and I also called up the university I studied at in America and asked them to look at my DS-2019 and confirm that there was no 2 year residency requirement. My issue is that I don't havde the DS-2019 and I don't think my visa stamp states if I am or not. I think it doesn't mention it. So are you saying I don't need to take anything (ie DS-2019, which I no longer have) to the interview? I mean, presumably if you do have a residency requirement it would be their job to look it up and check that anyway?

To tell you the truth, I have no idea wat the DS 2019 is. Do you still have your visa (not the stamp but the visa itself) on your passport? If you look at i it should say "not subject to the 2 year residency". I think you areworrying about something that is not a problem. Can you look at your passport right now and check?

[criticalchris 13]

To tell you the truth, I have no idea wat the DS 2019 is. Do you still have your visa (not the stamp but the visa itself) on your passport? If you look at i it should say "not subject to the 2 year residency". I think you areworrying about something that is not a problem. Can you look at your passport right now and check?

The DS-2019 is the supporting form the instituion or company supporting your visa gives you to take to the interview and also to provide at customs. I lost my copy after returning to the UK. However, I called the university I studied at, and they had a copy on file and confirmed that my DS-2019 (and therefore visa) was not subject to a 2 year residency requirement.

In my passport, I have the oval stamp and the visa sticker. The visa sticker does not say anything about a residency requirement. The visa stamp doesn't say anything either, although the oval is cut off slightly at the bottom as it wasn't stamped very well.

[FrenchieKaty 0]

The DS-2019 is the supporting form the instituion or company supporting your visa gives you to take to the interview and also to provide at customs. I lost my copy after returning to the UK. However, I called the university I studied at, and they had a copy on file and confirmed that my DS-2019 (and therefore visa) was not subject to a 2 year residency requirement.

In my passport, I have the oval stamp and the visa sticker. The visa sticker does not say anything about a residency requirement. The visa stamp doesn't say anything either, although the oval is cut off slightly at the bottom as it wasn't stamped very well.

If you have a copy, bring it with you. I had brought papers from my J1 confirming that I went there legally etc... the woman at the consulate gave it back to me saying "I don't need that".

I'm pretty sure they have a lot of information about you already, that is why you are not required to povide a police record for the US.

Now, I can't check on my passport as they have it righ now but as I said, just bring the copy. I really don't think you need to worry about that. They know how it works and have records.

[criticalchris 13]

If you have a copy, bring it with you. I had brought papers from my J1 confirming that I went there legally etc... the woman at the consulate gave it back to me saying "I don't need that".

I'm pretty sure they have a lot of information about you already, that is why you are not required to povide a police record for the US.

Now, I can't check on my passport as they have it righ now but as I said, just bring the copy. I really don't think you need to worry about that. They know how it works and have records.

That's my problem - I don't have the copy. I lost it. And my university said they could email me a copy but the copy would not include the section about the home residency requirement so it wouldn't help anyway.

[FrenchieKaty 0]

On the website here, you can request in writing that the DOS conduct an Advisory Opinion: http://travel.state.gov/visa/temp/info/info_1288.html

It doesn't seem to be like an evidence though. I really think you're fine, especially if you know you're not required to stay in your country for years.

[Britingermany 4]

Just adding on mine the J1 has no statement regarding the rule 212e

As an idea, if people start threads like this for advice it would be good to have a quick summary of how it finished.. because people look for the same reasons you did..