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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Has anyone here from the UK been on a J1 visa with the 2year homestay rule box checked on your DS-2019.

I was teaching in the USA from July 2008-June 2009 (that's how I met my fiance)

I noticed that on my DS-2019 the consulate at my J1 interview in May 2008 had checked the box that says I am subject to the home stay rule.

I contacted my previous employer (j1 sponsor) and they told me that the UK is not one of the countries that is listed on the 2 year rule.

She said that I should have no problems but if worried I can apply for an Advisory Opinion. I have done everything she said, but am worried that it wont be done in time for my interview? We are hoping my interview will be soon as we have everything on the checklist so are just waiting for packet 4 (appointment) to come.

I would like some advice please - should I not go to the interview until I receive something back about the advisory opinion, or should I go anyway and see what happens. I am kind of thinking that it was the consulate in London's fault in the first place for checking the box when they shouldn't have.

Also, do you think I will have any problems due to the following situation. Whilst in the US on my J1 I went on vacation to the bahamas. I forgot to take my ds-2019 so when trying to enter back into the US in April 2009 they put me on a 30 day only visa and told me to send all my documents off. I did everything they said and all was fine, I got my J1 back fine. I just want to know if there is anything else I need to do or what to expect from the consulate.

I am getting really nervous about the interview, even though we don't have a date, but it has been such a long journey so far I am ready for it to be over!!

Thanks for the website and everyone who can help!

Jan 10th 2009 - Met whilst I was working in the US on a J1 Visa
July 31st 2009 - I had to leave the US (visa expired and no jobs)
Sep 5th 2009 - I returned to the US to visit for 2 months

Dec 30th 2009 - He came to England to visit me for 10 days
Dec 31st 2009 - Engaged!!! He proposed in London at midnight
Jan 2010 - Sent I-129f application

Feb 12th 2010 - received NOA1

March - I visited for 2 weeks
May 4th 2010 - received NOA2

June - I visited for 2 weeks

16th July - Medical
26th July 2010! - Interview at US Embassy in London
12th August 2010 - Received K1 VISA smile.png
26th AUGUST 2010 - Enter US!!! POE ATLANTA
30th OCTOBER 2010 - Our Wedding - such a perfect day smile.png

EAD
8th November 2010 - Biometrics
27th January 2011 - EAD Received in the mail smile.png

AOS
8th November 2010 - Biometrics
3rd March 2011 - AOS Interview

ROC

Applied for removal of conditional permanent resident status
21st February 2013 I751

Received NOA MARCH 1ST 2013

Biometrics Appointment March 25th 2013

RFE July 2013

Sent RFE back September 2013

I-751 Interview in Atlanta1ST MAY 2014

10 year green card received!!!!! :joy: may 20th 2014

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted

I would like some advice please - should I not go to the interview until I receive something back about the advisory opinion, or should I go anyway and see what happens. I am kind of thinking that it was the consulate in London's fault in the first place for checking the box when they shouldn't have.

You need to read ALL of the links from the DoS web site regarding the J-1 and obtaining a waiver.

When your fiance(e) filed the I-129F with the USCIS this should have been caught if there is an issue.

1) What does it say on the J-1 Visa in your passport.

2) Usually the USCIS wants to see the DS-2019 which is issued at the sponsoring institution over just the Visa in the passport.

3) Normally the process is to file with the DoS for a no-objection letter which constitutes a waiver to the 2 year HRR which it seems applies to you.

I have never heard of England being exempt from the J-1 HRR.

Naturalization N-400

 
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