J1 visa a problem?

[NEDO2 0]

AndrewZweifel,

You didn't answer Yodrak's question entirely: when did she leave?

the two year rule starts from the day she left the US to go back to her last legal permanent residence country. The last legal permanent country should be stated either on the DS2019 or the annotations of the J1 visa.

She got a tourist visa because this kind of visa doesn't fall under the restrictions of the two year rule, just like the F visa. But the K1 does...

She has to be physically present in the last legal permanent residence country stated on the DS019 if available or the country in the J1 annotations for at least 2 years before she is eligible to get a K1 visa.

[Yodrak 7]

AndrewZweifel,

That's nice information, but not particularly important.

I ask again - when did she leave the USA after having entered using the J-1 visa? That's when you'd start counting the two years from.

Yodrak

... her visa expired 13 of Dec 2004

[jlay2006 0]

Yodrak is right, you start counting 2 years from the date she left the country. I was on J1 visa myself and wasn't sure if the 2-year rule applied to me or not. I sent and inquiry to Department of State (for so called an advisory opinion) and they sent me an official letter saying that I am not subject to the rule. But since your fiance's interview date is so soon, most likely you won't get an answer on time (it took them 6 months to answer my inquiry )

Hope it will all work out for you. good luck.

[AndrewZweifel 0]

Sorry about that - I had meant to say she left on Dec 13th 2004. Its not looking good. Thanks for all the replies. This really has cought me offgaurd.

[CarolineM 0]

I know that sucks You just have to do all your research for this process. It's strange though. MY husband had five J-1 visas...they immediately sent us an RFE asking for copies of the J-1's...that was the FIRST communication we got from there...to see if there WAS that rule or not..

[meauxna 15]

Sorry about that - I had meant to say she left on Dec 13th 2004. Its not looking good. Thanks for all the replies. This really has cought me offgaurd.

Hold on... she was in the US as a J-1 for ONE (1) month, and has a 2 year HRR? That seems awfully steep.

Did you read the visa carefully? Are you positive that she *does* have the 2 year HRR?

[AndrewZweifel 0]

Yeah it states that "Bearer is subject to Section 212 (E) Two year rule applies."

[CarolineM 0]

Even if used for a short period of time, if the J-1 is used in a certain way, the 2 year rule applies. It is VERY clear on the VIsa...big print, hard to confuse. That was, at least, what I heard about it after inquiring about STewart's J-1's...

[meauxna 15]

Wow.

!