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Is my wife subject to a 2yr requirement?

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Filed: AOS (pnd) Country: France
Timeline

Hi,

My wife has had two J1 visas. On both DS 2019 and visas, it is written that-she is not subject to a two-year requirement. However, I heard that this doesn't mean much since it is only a preliminary assessment by a consular officer.

Her country doesn't have an exchange visitor skills list and her program wasn't medical training.

On the first DS2019, it says that the program sponsor is California State Univ East Bay. The financial support to be provided to visitor is:

-10K: Current sponsor program funds;

-15K: Family

On the 2nd DS2019 it says that the program sponsor is Interexchange Inc. The financial support to be provided to visitor is:

- 20K employer ( private company she did her internship at)

-20K personal funds

Based on this, is she subject to 2yr requirement?

To me it looks like for the first J1 visa, she got funding from a college and for the second, from her employer and also personal funding for both so it doesn't look like there's government funding involved.

Thanks

I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

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Filed: Citizen (apr) Country: France
Timeline

Hi,

I'm the French citizen. I had a J1 in the past too (before getting the K-1). It was written on it "NOT subject to 2 year rule" and I didn't look any further. It didn't cause me any trouble at all. No one asked anything about it. The only mention of it was when the CO at the embassy told me they would keep my passport to put the visa in it like they did for the J1.

I think it's ok if it's written "not subject to the 2 year rule." but there might be other rules that I don't know about.

edit : I just saw the timeline in your signature. I'm not sure why you ask because you had your NOA1. If she was ineligible because of the 2 year rule I think you wouldn't even have received the NOA1

Edited by bruno.

Good luck on your journey

Bruno

K-1 2010 / 04 / 02 - I-129F sent
K-1 2010 / 08 / 18 - Interview at embassy in Paris, France
AOS 2011 / 01 / 15 - AOS package sent
AOS 2011 / 04 / 14 - Interview

ROC 2013 / 02 / 04 - ROC package sent
ROC 2013 / 07 / 27 - New GC received

CITIZENSHIP 2014 / 03 / 17 - N-400 package sent
CITIZENSHIP 2014 / 08 / 27 - Oath ceremony

--- THE END ---

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