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RebeccaAndPhil

How do I know if I'm subject to the 2-year resident req?

By RebeccaAndPhil in Adjustment of Status from Work, Student, & Tourist Visas

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RebeccaAndPhil Proficient

RebeccaAndPhil   5

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

On my form DS-2019 i have a checkmark beside the statement "Not subject to the two-year residence requirement" which leads me to believe I am exempt from it. However, I read on this website http://www.greencardapply.com/j1/j1_homerequire.htm that even a checkmark may mean I am not exempt from this requirement.

I am currently in the middle of writing a letter to get an Advisory Opinion but they want me to include a reason why I am uncertain whether or not I am subject to the two-year foreign residence requirement. I don't know what to put since, to me, everything seems to point to the fact that I am not required to return home for two-years. Should I bother writing the letter to have it for proof later on when I apply for AOS or just rely on my form DS-2019?

Even if I do get a letter in return saying I'm not required to return home for two-years, could the rules change from the time I get the letter to when I actually apply for AOS?

Here are other reasons I think I am exempt (in addition to the notation on my form):

-I have no government funding

-Not in a medical field

-I'm a Canadian citizen

Thanks!

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Aloe Explorer

Aloe   10

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

On my J-1 visa in my passport it says two year rule does not apply under the Annotation title.

I don't know if this hlps as I do not know what tye of visa you have but that is what it says on my J-1 visa.

11/18/08 - Arrived in U.S. on B2 visa

02/05/09 - Extended return plane ticket to stay for an extra 3 months

04/23/09 - Decided we didn't want to be apart even though we extended the stay and got married!

04/30/09 - Sent I-130/I-485/I-765 from B2 (no I-693 as it is not yet complete.)

05/03/09 - Received email form USPS stating that package had arrived safely and was signed for!

05/11/09 - Received NOA1's for I-130/I-485/I-765

05/16/09 - Received Biometrics Appointment

05/30/09 - Received a CRAZY amount of RFE's that were dated 05/21/09

06/01/09 - Biometrics Appointment Scheduled. In and out in 10 minutes!! Sent off RFE information (Should arrive in MO on Wed.)

06/03/09 - USCIS received RFE response

07/23/09 - I called to have a service request put in

07/24/09 - I-765 Touched (FINALLY)

07/25/09 - I-765 CARD PRODUCTION ORDERED!!!!!!!! (About time!)

08/03/09 - EAD card came in the mail WOOHOO!!!

08/07/09 - Interview letter arrived

09/02/09 - Interview Date

09/07/09 - I think this is the day I received my Green Card.. Can't quite remember anymore.

Removal Of Conditions

08/03/11 - WOW it's already been TWO years! Sent ROC package to VSC.

08/05/11 - NOA1 date which arrived 8/10/2011

09/02/11 - Bio Appointment the notice was dated 8/12/11

RebeccaAndPhil Proficient

RebeccaAndPhil   5

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted
On my J-1 visa in my passport it says two year rule does not apply under the Annotation title.

I don't know if this hlps as I do not know what tye of visa you have but that is what it says on my J-1 visa.

I am also on a J-1 visa but all I have is an I-94 stapled into my passport and my DS form. Apparently Canadians aren't given actual visas.

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

meez Contributor

meez   0

Posted
Filed: Other Country: Austria
 Timeline
Posted
On my J-1 visa in my passport it says two year rule does not apply under the Annotation title.

I don't know if this hlps as I do not know what tye of visa you have but that is what it says on my J-1 visa.

I am also on a J-1 visa but all I have is an I-94 stapled into my passport and my DS form. Apparently Canadians aren't given actual visas.

Since it says not required then it's fine!

RebeccaAndPhil Proficient

RebeccaAndPhil   5

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted
On my J-1 visa in my passport it says two year rule does not apply under the Annotation title.

I don't know if this hlps as I do not know what tye of visa you have but that is what it says on my J-1 visa.

I am also on a J-1 visa but all I have is an I-94 stapled into my passport and my DS form. Apparently Canadians aren't given actual visas.

Since it says not required then it's fine!

Isn't there a chance they change the rules in the meantime? Should I just get an Advisory Opinion anyway?

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

 
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