Previous J1 & subject to 2 year residence requirement

[FaustInAK 1]

Hi!

I am kind of worried about a visa I got almost 3 years ago. I should have my interview date pretty soon, so I hope this won't be an issue to get the K1...

Ok, here is why I worry:

I worked in the summer 2005 for USDA in Alaska under a J1 visa. But as I received money form the government, I was subject to what they call section 212(E), 2 year home residence requirement. To make it short, until the requirement of 2 years spent in my home residence is met, I was not eligible to apply to any work visa, or immigrant visa.

Almost 3 years have now passed since I got the J1. However, I did travel outside of my country, as I went to the US many times to visit my boyfriend, under a VWP. I remember I read that travelling without a visa doesn't count into the 2 years, so I understood I wouldn't break the 2 year rule as long as I didn't apply for another visa and use it. But I cannot find where I read that, and so I am afraid they could refuse to grant me the K1 because I didn't physically stay 2 whole years in France...

Can anyone who knows about this stupid requirement help me? Please..

Thanks a lot!!

Faustine

[person 0]

Well, from what I heard (and I am also not an expert), you need to live in your home country for 2 years after that visa. As long as you did that, you should be fine, you would think.

[DI&JR 1]

Hi!

I am kind of worried about a visa I got almost 3 years ago. I should have my interview date pretty soon, so I hope this won't be an issue to get the K1...

Ok, here is why I worry:

I worked in the summer 2005 for USDA in Alaska under a J1 visa. But as I received money form the government, I was subject to what they call section 212(E), 2 year home residence requirement. To make it short, until the requirement of 2 years spent in my home residence is met, I was not eligible to apply to any work visa, or immigrant visa.

Almost 3 years have now passed since I got the J1. However, I did travel outside of my country, as I went to the US many times to visit my boyfriend, under a VWP. I remember I read that travelling without a visa doesn't count into the 2 years, so I understood I wouldn't break the 2 year rule as long as I didn't apply for another visa and use it. But I cannot find where I read that, and so I am afraid they could refuse to grant me the K1 because I didn't physically stay 2 whole years in France...

Can anyone who knows about this stupid requirement help me? Please..

Thanks a lot!!

Faustine

My understanding is that it is, indeed, a physical presence in your home country requirement; I would suggest contacting the US Embassy most convenient to you in France, and they should also be able to tell you if you are eligible to file for a waiver.

[person 0]

it is for sure physical presence, doesn't it mention it on DS-230 even? I always thought getting the waiver was next to impossible, but maybe if you have a very compelling reason..

[DI&JR 1]

it is for sure physical presence, doesn't it mention it on DS-230 even? I always thought getting the waiver was next to impossible, but maybe if you have a very compelling reason..

Keep in mind, we are talking about the two-year home-residency waiver for J-1 exchange visitors, not any other type. There are 5 grounds for this waiver: No Objection Statement, Request by an interested government agency, Persecution, Exceptional hardship to a US Citizen (or LPR) spouse or child of an exchange visitor (special note from the Dept of State, "mere separation from family is not considered to be sufficient to establish exceptional hardship"), Request by State Department of Public Health or equivalent (only for foreign medical doctors, to pursue training/education).

Here is a link to the FAQ from the US Department of State. Some useful information on how to proceed if eligible.