Previous J1 holders?

[visaman99 0]

Here is a quote from: http://travel.state.gov/visa/immigrants/info/info_3743.html

Applicants who were previously issued J1 visas and studied, worked, or lived in the United States as exchange visitors (and those who are currently in the U.S. as exchange visitors) should be aware that the two-year foreign residence requirement may apply to them. Section 212(e) of the Immigration and Naturalization Act (INA) provides that certain aliens admitted to the U.S. under INA 101(a)(15)(J) are subject to a two-year foreign residence and physical presence. The requirement also applies to spouses and children of the J1 visa holders if they entered the U.S. under the exchange visitor program.

What does this mean? Are they referring to previous J1 holders or current J1 holders entering the U.S on a J1. Does this have anything to do with marriage visas?

Thanks!

[payxibka 10,045]

Here is a quote from: http://travel.state.gov/visa/immigrants/info/info_3743.html

Applicants who were previously issued J1 visas and studied, worked, or lived in the United States as exchange visitors (and those who are currently in the U.S. as exchange visitors) should be aware that the two-year foreign residence requirement may apply to them. Section 212(e) of the Immigration and Naturalization Act (INA) provides that certain aliens admitted to the U.S. under INA 101(a)(15)(J) are subject to a two-year foreign residence and physical presence. The requirement also applies to spouses and children of the J1 visa holders if they entered the U.S. under the exchange visitor program.

What does this mean? Are they referring to previous J1 holders or current J1 holders entering the U.S on a J1. Does this have anything to do with marriage visas?

Thanks!

The bad news is that any current or previous J-1 holder who is subject to the 2 yr. HRR cannot receive a visa until the HRR has been satisfied or waived. The good news is that not all J-1's are subject to this restriction.

[YuAndDan 153]

This has to do with a 2 year foreign residency requirement on J-1 student visas, they cannot get an immigrant visa until they have met that 2 year requirement. They may need to file a waiver to that requirement.

[katej0203 1]

I have had two "J1 summer work and travel" visas, and am now worried, after reading this thread....

How do you know if you are subject to the 2 yr. HRR, and what does that mean, anyway?

Thanks visaman99 for posting this question and bringing this to my attention!

[KIMCORENE 0]

The DS-2019 (formerly known as the "IAP-66") would have a notation saying "subject to 212 (e)", which is the foreign residency requirement. If you are not able to locate that, your visa should also say "bearer is subject to 212 (e), two year rule does apply. If it does, you will have to have that requirement waived. If it doesn't say that, you are fine. See here for further information:

http://travel.state.gov/visa/temp/types/types_1267.html

I am currently on a J-1 and am subject to the rule, as shown by my signature. Feel free to PM me.

[visaman99 0]

What if you had a J1 visa, and then after the J1 expired got a B1/B2 tourist visa? Does this still apply?

The DS-2019 (formerly known as the "IAP-66") would have a notation saying "subject to 212 (e)", which is the foreign residency requirement. If you are not able to locate that, your visa should also say "bearer is subject to 212 (e), two year rule does apply. If it does, you will have to have that requirement waived. If it doesn't say that, you are fine. See here for further information:

http://travel.state.gov/visa/temp/types/types_1267.html

I am currently on a J-1 and am subject to the rule, as shown by my signature. Feel free to PM me.

[azer_2000 1]

What if you had a J1 visa, and then after the J1 expired got a B1/B2 tourist visa? Does this still apply?

The DS-2019 (formerly known as the "IAP-66") would have a notation saying "subject to 212 (e)", which is the foreign residency requirement. If you are not able to locate that, your visa should also say "bearer is subject to 212 (e), two year rule does apply. If it does, you will have to have that requirement waived. If it doesn't say that, you are fine. See here for further information:

http://travel.state.gov/visa/temp/types/types_1267.html

I am currently on a J-1 and am subject to the rule, as shown by my signature. Feel free to PM me.

yes it still applies. It doesn't matter what visa you get after J1, you still have to complete 2 years of home residency before you are eligible to apply for immigrant visa. I personally had F1 visa after completing only 6 months of home residency. I got married in the USA and couldn't apply for GC over there. So i'm now back home waiting for my I-130 to be approved.

And of course you can apply for a waiver. It depends who sponsored you when you studying on J1. If it's a US goverment, then it will be very hard to obtain a waiver. If it was other sources then it shouldn't be that hard.

[KIMCORENE 0]

Just as azer 2000 said- it still applies. As long as you have not done the 2 yrs. in your home country (not just outside of the U.S., because if you spend the two yrs. in a third country the requirement would still exist) or have received a waiver, you will not be able to apply to get a green card.

[Ana&D 0]

I have had two "J1 summer work and travel" visas, and am now worried, after reading this thread....

How do you know if you are subject to the 2 yr. HRR, and what does that mean, anyway?

Thanks visaman99 for posting this question and bringing this to my attention!

If that was a 3-4 months W&T, the rule does not apply to you . Check what it says on the visa in your passport and your DS-2039.

[visaman99 0]

What if you had a J1 visa, and then after the J1 expired got a B1/B2 tourist visa? Does this still apply?

The DS-2019 (formerly known as the "IAP-66") would have a notation saying "subject to 212 (e)", which is the foreign residency requirement. If you are not able to locate that, your visa should also say "bearer is subject to 212 (e), two year rule does apply. If it does, you will have to have that requirement waived. If it doesn't say that, you are fine. See here for further information:

http://travel.state.gov/visa/temp/types/types_1267.html

I am currently on a J-1 and am subject to the rule, as shown by my signature. Feel free to PM me.

yes it still applies. It doesn't matter what visa you get after J1, you still have to complete 2 years of home residency before you are eligible to apply for immigrant visa. I personally had F1 visa after completing only 6 months of home residency. I got married in the USA and couldn't apply for GC over there. So i'm now back home waiting for my I-130 to be approved.

And of course you can apply for a waiver. It depends who sponsored you when you studying on J1. If it's a US goverment, then it will be very hard to obtain a waiver. If it was other sources then it shouldn't be that hard.

Thanks for your help! What if 3 years have passed since your J1 expired?

[payxibka 10,045]

There is a certain formula that needs to be met... If your home country is A and when you left the USA you spent the last three years in country B, you do not meet the requirements because the time needs to have been spent in your home country

[Ilya R. 0]

hold on I am little confused

My wife was also originally on J-1 Visa

I applied for Cr-1 Visa, and now it might get denied?

Please help me understand this, as I have completely missed during my research.

[KIMCORENE 0]

It can only be denied if she had the 2 yr requirement on her visa and it has not been waived or she has not spent 2 yrs in her home country after her program ended. Keep in mind that not everyone who has/had a J-1 visa is subject to this rule; you have to check her visa and DS-2019/IAP 66 for the nototaion on it.

[azer_2000 1]

ok ilya. It's all depends on if your wifes J1 visa had a 2 year home residency or not. You can find out by looking at her visa On mine it said that "212 E applies". Which means I had a 2 year hoe residency. If it doesn't say that, you still need to check IAP -66 . I think now it's called DS-2019. On IAP-66 at the bottom left corner there were check boxes. They will tell if your wife has 2 year HR or not.

But, as far as I know the 2 year home residency has to be completed by time your wife gets to the interview. Since you are in VSC, only god knows when will that happen. Also I believe you wife won't be rejected, but will be asked to obtain a waiver or just come back when 2 years are completed. In your case by time your wife gets to the interview, waiver wont be feasible anymore, because it takes at least 6 months and some fees to obtain one. So you might be better off just to wait for 2 years to complete.

Also if you read this thread : http://www.visajourney.com/forums/index.php?showtopic=37200

you can find out that there are cases when people had 5 more months to complete the requirement and still received there visa's at the interview.

The only thing is when your wife will be going through NVC on one of the forms she will have to indicate previous visas she was in the USA. And answer a question whether she has completed a 2 year home residency. I guess she can just act like she has know idea what these 2 years are all about and then just deal with it at the interview. But again everybody says that we have to be completely honest.

[Ilya R. 0]

Thank you, I was totally unaware of this!

I will get her to email me a copy of the visa