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Fiancee in US on J1

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My fiancee was working in the US under a J-1 visa. She quit her job in May 2010 and returned home to Costa Rica. She then re-entered the US on 8/26/10 on the same visa even though she is not working. We just got engaged and are beginning the K-1 process. Her visa expires 11/9/10 and she is going home on 12/1/10 (to be out of the country within 30 days from visa expiration date).

Is it going to be a problem for us that she is here on the J-1 and no longer working?

10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

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Well - Depends on what the DS-2019 specifies.

That could be an issue.

however, with the J-1 - is she looking at a 2 year requirement on it? (meaning she has to stay out of the US for 2 years after the visa expires)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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I've never heard of the 2 yr requirement! Will that be detailed on the DS-2019?

10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

I've never heard of the 2 yr requirement! Will that be detailed on the DS-2019?

Should be written on the visa in her PP.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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