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j1 visa 2 year homestay rule?

By efc in Student & Exchange Visitor Visas

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efc Explorer

efc   1

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

Hello everyone

I hope you can help...

I was in the US on a J1 as a teacher from July 2008-July 2009.

The J1 was valid for 3 years, but as I lost my job due to budget cuts, I returned home to the uk.

As far AS i AM aware the j1 is invalid now as it was only valid with my emplyment????????

I need to know if I need an advisory opinion OR a visa waiver????????

I am about to go to an interview next month for a fiance visa (k1)

However there is a question about my j1 and DS-2019, as there is an error. The UK does not operate the 2 year 212(e) homestay rule. However the consular officer made a mistake (I have just found out) he check the box on my ds-2019 from that says I AM subject the 2 year rule.

Do you think they will deny my visa because of this - even though it was their error?

Should I go ahead and apply for a J1 waiver and/or advisory opinion as a precaution???If so how do I do it?

My visa interview for the k1 is in 4 weeks so i am really worrying about it...

Thanks all for any advice.

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

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Rebecca Jo Experienced

Rebecca Jo   1,962

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
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Posted

How are you under the impression that the UK does not "operate" the two-year return residency requirement?

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

If you have proof it was their error, then bring that with you to interview.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Armenia Enthusiast

Armenia   18

Posted
Timeline
Posted

Hello everyone

I hope you can help...

I was in the US on a J1 as a teacher from July 2008-July 2009.

The J1 was valid for 3 years, but as I lost my job due to budget cuts, I returned home to the uk.

As far AS i AM aware the j1 is invalid now as it was only valid with my emplyment????????

I need to know if I need an advisory opinion OR a visa waiver????????

I am about to go to an interview next month for a fiance visa (k1)

However there is a question about my j1 and DS-2019, as there is an error. The UK does not operate the 2 year 212(e) homestay rule. However the consular officer made a mistake (I have just found out) he check the box on my ds-2019 from that says I AM subject the 2 year rule.

Do you think they will deny my visa because of this - even though it was their error?

Should I go ahead and apply for a J1 waiver and/or advisory opinion as a precaution???If so how do I do it?

My visa interview for the k1 is in 4 weeks so i am really worrying about it...

Thanks all for any advice.

If you want to be sure that you are not subject to the 2-year foreign home residence requirement (HRR), this is were you seek advisory opinion - http://travel.state....info_1288.html. If the advisory opinion states that you are subject to the HRR then you have to finish the 2 years in your home country OR apply for waiver.

If you are subject to HRR and you have not been granted a waiver by USCIS (i.e, received USCIS favorable decision) at the time of your interview, the embassy will hold your visa while you're waiting for the waiver decision (I read this in another thread/forum). I'm not sure how long the embassy is going to wait for the waiver decision though. In that other thread/forum I read, the embassy returned all of their papers (without visa) after X? months (can't remember the number of months mentioned in the thread/forum) had passed and told them to reapply when the applicant already has the waiver decision.

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Armenia Enthusiast

Armenia   18

Posted
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Posted

If you have proof it was their error, then bring that with you to interview.

Acceptable proof would be a letter from the US DoS stating that the OP is not subject to the HRR. (http://travel.state.gov/visa/temp/info/info_1288.html)

3. Requesting an Advisory Opinion, if you are not sure that INA 212(e) applies to you.

If you are not sure whether the INA 212(e) two-year foreign residence applies to you, you may make a written request for an
for the applicability of INA 212(e) to your situation. The advisory opinion request should include legible copies of every/all DS-2019/IAP-66 ever issued to you, along with a self-addressed envelope, and should be sent to:

INA 212(e) Advisory Opinion Request

The Waiver Review Division, CA/VO/L/W

SA-1, L-603

U.S. State Department

2401 E Street, NW

Washington, D.C. 20522-0106

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  • 5 years later...
TBoneTX Grand Master

TBoneTX   45,329

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP hasn't logged on to VJ since May 2014 (you can tell this by hovering your cursor over the member's name in the left sidebar), so a response is unlikely. Old thread is now closed to further comments.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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