Denied Greencard because of old J1 visa while wife hold F1 visa

[cumings 0]

That's not quite a mistake - I've had friends who completed their J1 studies (with 2yr HRR), went back to Bosnia and got an F1 - this with full understanding that after their time on F1 is over, they have to return to complete the requirement.

My wife got her F1 visa in China. She was able to do so because the ds 2019 states that there is no 2 year stipulation since aupair work is not funded by either government. Someone made a mistake on the J1 visa is all.

Our lawyer believes that she may be able to use the ds 2019 to prove that there is no 2 year stipulation. I believe the confusion was because none of the boxes are filled in stating what program the exchange visitor is in. The box for 2 year residence requirement is not checked, but neither are any of the other boxes.

We are thinking about calling the number on the ds 2019 to see if we can get a letter explaining that there is no 2 year requirement for my wife.

[milimelo 4,541]

My wife got her F1 visa in China. She was able to do so because the ds 2019 states that there is no 2 year stipulation since aupair work is not funded by either government. Someone made a mistake on the J1 visa is all.

Our lawyer believes that she may be able to use the ds 2019 to prove that there is no 2 year stipulation. I believe the confusion was because none of the boxes are filled in stating what program the exchange visitor is in. The box for 2 year residence requirement is not checked, but neither are any of the other boxes.

We are thinking about calling the number on the ds 2019 to see if we can get a letter explaining that there is no 2 year requirement for my wife.

That is good news. Definitely try to obtain something that shows that visa was wrongly printed with the 2 yr HRR. At this point, once you have evidence to prove you were right, this may be the time to get your congressman/senator working with you on the case as well.

[smiley1 3]

My wife got her F1 visa in China. She was able to do so because the ds 2019 states that there is no 2 year stipulation since aupair work is not funded by either government. Someone made a mistake on the J1 visa is all.

Our lawyer believes that she may be able to use the ds 2019 to prove that there is no 2 year stipulation. I believe the confusion was because none of the boxes are filled in stating what program the exchange visitor is in. The box for 2 year residence requirement is not checked, but neither are any of the other boxes.

We are thinking about calling the number on the ds 2019 to see if we can get a letter explaining that there is no 2 year requirement for my wife.

I've been in the same situation old J1 visa re-entered with B1 and got denied because of lack of waiver. I got the waiver and re-applied.

And it is possible to get F1 or B1 visa after J1 even if you didn't stay for the 2 years in your home country because you are requesting a

Non-immigrant visa when you do that...but if you apply for AOS you are requesting an immigrant visa and that you cannot get with a previous J1 with 2 YHRR unless you have a waiver.

My advice would be to try to get a lawyer who can prove that the au pair program is not on the skill list. We went to a lawyer because we want one for the interview and he checked some J1 book to see the skill list for my country and told me that my application shouln't have been denied but for me is too late since I already re-applied ...hopefully you will be more lucky...Good luck!