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shingyan

J1 with 2 years HRR

By shingyan in IR-1 / CR-1 Spouse Visa Process & Procedures

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shingyan Rookie

shingyan   0

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Hello all,

I'm a US citizen and my wife is a J1 visa holder. We got married in Feb, 2009. She went back to China in April, 2009 before her J1 visa expired. She is subject to the 2 years residenct rule. We know we can file the I-130 at any time. We would like to know if we have to wait for the 2 years before filing the immigrant visa (IR-1/CR1), or we can file it about 6 months before the 2 years period since it takes few months to get the interview. By the time we are scheduled for an interview, the 2 years rule will be expired by then.

I searched the internet and asked the attroney and they all gave me different answers. Some said I need to wait two years to APPLY for the green card and some said I need to wait 2 years to GET the green card so I can apply earlier.

Thanks for the help

I-130 Sent : 2010-07-08

I-130 NOA1 : 2010-07-17

Touched: 7/22, 9/13

I-130 Approved :9/14/2010

NVC Received : 9/27/2010

OPTIN email sent: 9/29/2010

Received I-864 Bill : 10/11/2010

Pay I-864 Bill 10/19/2010

Receive I-864 Package : 10/11/2010 (Electronic Processing)

Return Completed I-864 : 10/27/2010 (Files were corrupted), 11/10/2010

Pay IV Bill : 10/19/2010

Receive Instruction Package : 11/25/2010

Packet 3 Sent : 11/10/2010

Packet 4 Received : 1/12/2011

Case Completed at NVC : 2/17/2011

NVC Left : 2/17/2011

Interview Date : 3/14/2011

Interview Result : canceled by the consulate cause I asked for a reschedule

Second Interview: 5/19/2011

(If Required):

Second Interview Result: Approved

Visa Received :

US Entry :

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metro420 Collaborator

metro420   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
Hello all,

I'm a US citizen and my wife is a J1 visa holder. We got married in Feb, 2009. She went back to China in April, 2009 before her J1 visa expired. She is subject to the 2 years residenct rule. We know we can file the I-130 at any time. We would like to know if we have to wait for the 2 years before filing the immigrant visa (IR-1/CR1), or we can file it about 6 months before the 2 years period since it takes few months to get the interview. By the time we are scheduled for an interview, the 2 years rule will be expired by then.

I searched the internet and asked the attroney and they all gave me different answers. Some said I need to wait two years to APPLY for the green card and some said I need to wait 2 years to GET the green card so I can apply earlier.

Thanks for the help

Hi Shingyan,

I was a J1 visa holder but not 2 yr rule. If you got married in US, why did you allow her to go back to china without applying for a waiver and adjustment of status while she was there? I believe, with that policy, you cannot enter US if you are within the 2 year rule or if you don't have a waiver.

Hope these information help.

Goodluck on your journey.

I-130 Journey:

05-28-09: Sent the I-130 Package

06-02-09: Chicago Lockbox received the package

06-08-09: CSC received the package

06-13-09: NOA1 received

10-19-09: Hubby's second visit in the Philippines

11-10-09: Hubby's flight back to USA

11-13-09: Approval notice sent via SMS and email

NVC Journey:

11-19-09: Case number assigned

11-30-09: AOS bill and DS 3032 from NVC received

12-01-09: DS-3032 returned via email

12-03-09: DS-3032 hardcopy sent via FEDEX

12-05-09: Paid AOS BILL

12-07-09: DS 3032 hardcopy received by J. Desmond

12-15-09: IV BILL generated

12-19-09: Paid IV BILL

12-22-09: Sent AOS package

12-23-09: AOS package received by J. Desmond

12-23-09: DS 230 package sent

12-24-09: DS 230 received by ------

12-29-09: per AVR, NVC received the documents and under review

01-07-10: Sign in Failed and Case Completed

01-11-10: Interview assigned

01-14-10: First day of Medical Exam

01-15-10: Second Day of Medical Exam (Passed with Abbie) YAY!!!

02-15-10: Hubby will be here @ 5:25 AM!!!!!! Yipppeeee!!!!

INTERVIEW DATE: FEBRUARY 16, 2010 @ 8:30am

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  • 3 weeks later...
shingyan Rookie

shingyan   0

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted
Hi Shingyan,

I was a J1 visa holder but not 2 yr rule. If you got married in US, why did you allow her to go back to china without applying for a waiver and adjustment of status while she was there? I believe, with that policy, you cannot enter US if you are within the 2 year rule or if you don't have a waiver.

Hope these information help.

Goodluck on your journey.

She came to the states as a trainee and is back home now for her promotion :) She can still enter the US with the traveler visa. What we want to know is if she can apply for a green card prior to the 2 years requirement or she has to wait for the 2 years before she can apply for it.

Thanks for the help.

I-130 Sent : 2010-07-08

I-130 NOA1 : 2010-07-17

Touched: 7/22, 9/13

I-130 Approved :9/14/2010

NVC Received : 9/27/2010

OPTIN email sent: 9/29/2010

Received I-864 Bill : 10/11/2010

Pay I-864 Bill 10/19/2010

Receive I-864 Package : 10/11/2010 (Electronic Processing)

Return Completed I-864 : 10/27/2010 (Files were corrupted), 11/10/2010

Pay IV Bill : 10/19/2010

Receive Instruction Package : 11/25/2010

Packet 3 Sent : 11/10/2010

Packet 4 Received : 1/12/2011

Case Completed at NVC : 2/17/2011

NVC Left : 2/17/2011

Interview Date : 3/14/2011

Interview Result : canceled by the consulate cause I asked for a reschedule

Second Interview: 5/19/2011

(If Required):

Second Interview Result: Approved

Visa Received :

US Entry :

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fall4her Rookie

fall4her   0

Posted
Filed: Country: China
 Timeline
Posted (edited)
Hello all,

I'm a US citizen and my wife is a J1 visa holder. We got married in Feb, 2009. She went back to China in April, 2009 before her J1 visa expired. She is subject to the 2 years residenct rule. We know we can file the I-130 at any time. We would like to know if we have to wait for the 2 years before filing the immigrant visa (IR-1/CR1), or we can file it about 6 months before the 2 years period since it takes few months to get the interview. By the time we are scheduled for an interview, the 2 years rule will be expired by then.

I searched the internet and asked the attroney and they all gave me different answers. Some said I need to wait two years to APPLY for the green card and some said I need to wait 2 years to GET the green card so I can apply earlier.

Thanks for the help

i have the same situations.

The answer from VJ is a go. and attorneys say otherwise.

VJ folks said that a petition can be filed. we just have to make sure that the interview happens after the 2yr rule is fulfilled.

Edited by fall4her
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