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Filed: AOS (pnd) Country: France
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Posted

Hi everyone,

My wife has had 2 J1 visas. On both visas, the visa itself and DS2019 indicated that she was not subject to the 2 year requirement but apparently there are errors from time to time.

Here is the info for both visas.

1st J1 visa: Sponsor: XXXX university

Funding: 20K from sponsor university 20K applicant's personal funds

Program number P 1 03469

This was an exchange program. She didn't get any grants, scholarship ... The 20K is basically the price of tuition for the university but since it's an exchange program, my wife only had to pay the tuition and fees from her college in France. We didn't go through an institution for the exchange, this was just a mutual exchange agreement between both colleges.

2nd J1 Visa: Sponsor: Interexchange ( this was for a paid internship)

Funding: 30K from employer ( private company) 10K: applicant's personal funds

Program number P 4 11837

This was a paid internship. Once again no grants ... Compensation was from the company she did her internship at.

Thanks a lot for your help.

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

Posted

I would think not, but I certainly am not an expert on this matter.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

  • 3 weeks later...
Posted

Hi everyone,

My wife has had 2 J1 visas. On both visas, the visa itself and DS2019 indicated that she was not subject to the 2 year requirement but apparently there are errors from time to time.

Here is the info for both visas.

1st J1 visa: Sponsor: XXXX university

Funding: 20K from sponsor university 20K applicant's personal funds

Program number P 1 03469

This was an exchange program. She didn't get any grants, scholarship ... The 20K is basically the price of tuition for the university but since it's an exchange program, my wife only had to pay the tuition and fees from her college in France. We didn't go through an institution for the exchange, this was just a mutual exchange agreement between both colleges.

2nd J1 Visa: Sponsor: Interexchange ( this was for a paid internship)

Funding: 30K from employer ( private company) 10K: applicant's personal funds

Program number P 4 11837

This was a paid internship. Once again no grants ... Compensation was from the company she did her internship at.

Thanks a lot for your help.

If her J1 visas and DS2019 both say that she is not subject to the 2-year rule then she is not subject to the 2-year rule.

However, as you said, there are "errors from time to time." To determine if your wife is subject to the 2-year rule:

1. take the J1 visa waiver survey - https://j1visawaiverrecommendation.state.gov/accessController.asp?page=37&handler=true'>https://j1visawaiverrecommendation.state.gov/accessController.asp?page=37&handler=true

2. request an advisory opinion from the US DoS Waiver Review Division - http://travel.state.gov/pdf/1288%20-%20J%20Waiver%20FAQ-Nov-10.pdf

Option 2 takes longer as everything (documents) have to submitted by snail mail. It will take 1-3 months before you receive their "advisory opinion" by snail mail too.

https://j1visawaiverrecommendation.state.gov/

 
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