Former J-1er, help with DS 230- fraud?

[Blake and Jeanie 4]

I am not to this part yet, but would really like to know what to do about a certain item on DS230 form.

First, here's the situation:

In 1999 I was in US on a J-1 visa with a 2 year home residence requirement. In 2000 I came back to US already on an F-1 visa. When Blake and I met, I was still on F-1, knowing that I had to return home to fulfill the requirement. Well, I've been home since March 2009, waiting out the 2 years. We filed our I-130 and received NOA1 on March 1st, so things are starting to happen somewhat. When we talked to a lawyer, she said that if we stick to this timeline, the visa process should be near completion by the time my 2 years are over.

Well, now I'm looking at the DS230 form, and in part II (item j) it asks the beneficiary (aka me) to certify that I am 'not a former exchange visitor who has not fulfilled the 2-year foreign residence requirement' (it asks you to check a yes or no box). So, by the time it gets to me filling this out, I'm still not going to be done with my 2 years, so I would have to check "yes", which would make me ineligible for an immigrant visa at that time. If I check "no", that would be fraud. What do I do? Do I check "yes" and attach a letter explaining what is going on? Will I have problems at the interview as well, if it happens before the 2 year mark? Has anybody been in a situation like this?

Any help (fact and opinion alike) is appreciated!

[sachinky 465]

Firstly, I don't know about the form itself, or what you'd check on it but recently two members have been RFEd for their J-1 visa to show that they were NOT subject to the 2 year HRR. So at the time of sending in your DS230, you will have to attach a copy of your J-1 visa.

Maybe you can send in your DS230 once the 2 year waiting period is over?

Also, I could be mistaken but I believe there is a waiver for the 2HRR. Have you looked into it?

[Blake and Jeanie 4]

I did look into the waiver, back when I was still in US. We consulted a lawyer and were told that we would need to provide an original form (IAP-66) that served a basis for issuance of the J-1 visa. We tried to locate that form but couldn't. So, I decided to just come back home and fulfill the requirement. Waiting for another year to send in the DS-230 sounds like a death sentence to me. If there's a way to show that the 2 years will be over before I get the visa, I'd rather do that. Although, waiting would be the fool-proof way of going about it

[JuneFirst 1]

I am a little confused...

you went to the us in 1999 on a J1 and in 2000 on a F1?

So you never did fulfill the 2 yr. requirement when you should have - why would you have to fulfill it now?

The J1-times are over, and there is no F1-timelimit.

Or does that 2 yr rule only apply to immigrant visas?

[Blake and Jeanie 4]

I am a little confused...

you went to the us in 1999 on a J1 and in 2000 on a F1?

So you never did fulfill the 2 yr. requirement when you should have - why would you have to fulfill it now?

The J1-times are over, and there is no F1-timelimit.

Or does that 2 yr rule only apply to immigrant visas?

Yes, you're right. J-1 2 year requirement only comes into play when someone is applying to change your status to that of a lawful permanent resident. They didn't care back in 2000 when they gave me an F-1, since you can't do adjustment of status from F-1 to an immigrant status. I still can't believe I have to do this

[JuneFirst 1]

Yes, you're right. J-1 2 year requirement only comes into play when someone is applying to change your status to that of a lawful permanent resident. They didn't care back in 2000 when they gave me an F-1, since you can't do adjustment of status from F-1 to an immigrant status. I still can't believe I have to do this

Hey Jeanie, I am sorry, I can imagine how hard this has to be for you and Blake.

Could he move to Russia for a while?

To me it just does not make sense that the 2yr rule now affects your life - after 10 years, that is just ridiculous!

Have you contacted the embassy/uscis to confirm that you really will have to wait?

[Blake and Jeanie 4]

Hey Jeanie, I am sorry, I can imagine how hard this has to be for you and Blake.

Could he move to Russia for a while?

To me it just does not make sense that the 2yr rule now affects your life - after 10 years, that is just ridiculous!

Have you contacted the embassy/uscis to confirm that you really will have to wait?

No, it didn't even get to that. We talked to a lawyer, who said that to get an 'advisory opinion' we would have to provide a document (form IAP-66, that's the old name for it; basically a form stating the terms for the visa, i think), which we could not locate. To apply for a waiver, we would also need that same stupid form. Although on the visa in my passport it did say 'the bearer is a subject to a 212(E) requirement'(which in itself confirms the fact that the 2-year rule applies to me)

Blake doesn't speak a word of Russian, and he is not going to feel comfortable here. If he leaves everything in US to come here, than we'll have nothing to come back to later on. I'm just happy we don't have any children who would be affected by this separation.

[meauxna 15]

When we talked to a lawyer, she said that if we stick to this timeline, the visa process should be near completion by the time my 2 years are over.

Well, now I'm looking at the DS230 form, and in part II (item j) it asks the beneficiary (aka me) to certify that I am 'not a former exchange visitor who has not fulfilled the 2-year foreign residence requirement' (it asks you to check a yes or no box). So, by the time it gets to me filling this out, I'm still not going to be done with my 2 years, so I would have to check "yes", which would make me ineligible for an immigrant visa at that time. If I check "no", that would be fraud. What do I do? Do I check "yes" and attach a letter explaining what is going on? Will I have problems at the interview as well, if it happens before the 2 year mark? Has anybody been in a situation like this?

Any help (fact and opinion alike) is appreciated!

What does your lawyer say as an answer about completing DS-230 in advance of completing your 2 year HRR?

Why do you think that checking 'yes' makes you ineligible to complete your IV interview?

(normally the NVC/Consulate holds the interview until the date you are eligible, or interviews you and holds visa issuance until you are eligible)

[Blake and Jeanie 4]

What does your lawyer say as an answer about completing DS-230 in advance of completing your 2 year HRR?

Why do you think that checking 'yes' makes you ineligible to complete your IV interview?

(normally the NVC/Consulate holds the interview until the date you are eligible, or interviews you and holds visa issuance until you are eligible)

We don't have a lawyer now. Altogether, we had 2 consultations with different lawyers prior to filing. Right now there's not a lawyer on our case, we're filing on our own. From my experience, the lawyers have their own agenda when it comes to these cases. They don't explain a lot, I guess, trying to up their worth is this process.

I am not entirely convinced that checking "yes" would make me ineligible. I'm just concerned that the form leaves no room for explanation that I do intend on fulfilling the 2-year requirement. I'm just afraid they'll look at it and automatically throw it in the 'denied' pile, or burn it, or whatever it is they do when it comes to this I realized, I'm a bit paranoid here, and frankly, your remark about the consulate holding the interview until the date I'm eligible (or holds visa issuance) gives me some hope. So, what should I do? Complete DS230 when the process comes to it, check the "yes" box, and attach a letter with explanation of when the 2-year requirement will be fulfilled? Thank you soooo much. I'm losing the last bits of sanity I had left.