Need help! former J1 holder, 2yr rule does not apply, lost ds2019, NOA2 received at the CSC

[natasha/willem 1]

So, hello there. I have a little problem. Me and my fiance filed a K1 petition at the USCIS, at the CSC. We just got our NOA2, and the case is going to the NVC. I am a former J1 holder, who's visa expired June 2009,and on the visa itself, it says I am not subject to the 2yr HRR.But I have lost my DS-2019.Also I looked through the websites and my J-1 :

*wasnt sponsored by goverment (US, or my state's goverment)

*and I didnt studied abroad in any field that my country has a lack of skilled people in

*and I wasnt on a grauate program of any kind, nor medicine.or something like that.

As I could understand, those are basically the cases in which you have the 2yr HRR on your J-1. I am pretty positive that my DS-2019 also stated the same thing (that I am not subject to this rule). But I started to worry when I read all the post of some J-1 waivers and about you you need to show your DS-2019 at the interview, or they will not aproove you the K1 visa. My heart stops as I write this, but is it possible that I get rejected just because I dont have my DS-2019 at the interview? Thanks. I would appreciate your help. I havent found a thread that says exactly what should you do in this kind of case, so thats why I wanna be clear.

[CBM 14]

Hey there;

I had a similar problem. I was in the US in 2006 on a J-1 visa as a camp counselor, but it's been 4 years and a lot of moves due to University and such, and I lost my paperwork. I'm from Canada & the 2 year clause did not apply to me, but I am still nervous about losing my papers.

So, I contacted the organization that did the work for my visa (BUNAC USA) because they did all the paperwork for the camp to hire me. For $25 USD, they are sending me a copy of my DS2019 from 2006.

Is this an option for you?? Were you a camp counselor or a nanny or doing something that required you to go through an agency? If so, just email/call them and explain the situation and they should almost definitely have record of your DS-2019.

I hope this helps!

-CBM

[natasha/willem 1]

I dont know will I get one. My coordinator has been changed, cuz I was on a fellowship program in 2008/09. I dont know how all this goes, tell me do I really need the ds 2019, and what is gonna happen to my case now. I am broken.

[CBM 14]

You said your coordinator has been changed - what do you mean by that? Were you a nanny and got your visa through an agency or something along those lines? If so, changing coordinators should be no big deal - people change jobs all the time. Your info should be in a general data base for the agency.

My assumption is you used SOME sort of agency/organization because J1 visas are fairly specific; I think - as in, you need a place willing to hire you before you can be issued the visa.

I'm not 100% sure that we NEED the DS2019, but my assumption is that we could be asked for proof of any previous immigrant/non-immigrant visas previously issued for the US. The interviewing officer may or may not ask for it and they may or may not be lenient. I'm not sure.

[natasha/willem 1]

Hi, CBM, I saw a previous thread that you started about this whole issue. I was in the us, on an Undergraduate Exchange Program, sponsored by the OPEN SOCIETY institute, NY, and my visa was sponsored by the university of Washington, where I attended the program. I already sent an e-mail to my UW coordinator, and they said they will look into my case, and see whether they have my DS 2019 or not. I am absolutely positive that I sent a copy to my scholarship coordinator at the OSI, but he is no longer a coordinator of the program that I attended. So thats where the problem is. The only person I am positive that can give me a copy of the ds2019 is no longer responsible for that. sucks. I have a bit of hope that the University will come up with solution.

I am really worried, and I dont know why. Is it absolutely necessary to show your ds 2019 form, to proove that you are not a subject to the 2yr rule, and can you get a K1 VISA without it? I am sure that someone must have knowledge about the issue. Like, we are not the first ones that are going through the process of obtaining a visa after having a J1 earlier...

[PR&PR 325]

I came here looking for an answer. You are not providing one for me, but I can help you out at least. For my K1 I had no issues about not having my DS 2019 for that portion. I am trying to find out about the AOS though as in the instruction for form I-485 it states you need to present a copy of all DS-2019.