J1 visa with 2 years rule

[shingyan 0]

Happy Holiday everyone. I have the following question regarding my wife's petition.

My wife came to the US in 2007 with a J1 visa which is subjected to the 2 years rule. She has been stayed in China for 19 months. The 2 years rule will be expired in May 2011. We have filed her partition back in June. We completed I-130 and the AOS and have not filed the DS-320 yet.

Here is my questions:

We are using electronic process so NVC is going to schedule the interview with the consulate. If the interview is prior the 2 years expiration, can she still be able to obtain the immigrant visa (with a later date may be?) and enter the US AFTER the 2 years expired?

[Sergi9 110]

Happy Holiday everyone. I have the following question regarding my wife's petition.

My wife came to the US in 2007 with a J1 visa which is subjected to the 2 years rule. She has been stayed in China for 19 months. The 2 years rule will be expired in May 2011. We have filed her partition back in June. We completed I-130 and the AOS and have not filed the DS-320 yet.

Here is my questions:

We are using electronic process so NVC is going to schedule the interview with the consulate. If the interview is prior the 2 years expiration, can she still be able to obtain the immigrant visa (with a later date may be?) and enter the US AFTER the 2 years expired?

not sure what the rules are but sounds like a reasonable request. Why not ask the consulate? Also hanging on to the D230 for a month or two should accomplish the same result.

[canadian_wife 1,829]

Once the visa is issued, the US government cannot control when the beneficiary leaves the country. I suspect the visa will not be issued until the 2 year requirement has been met (as with the cases I've seen in the past)

You may slow down the case while at NVC to ensure an interview date after the requirement has been met

Good luc

[xiaozhu 4]

The safest way is to make sure that the interview date is after she finishs 2-year stay. If the interview date has been scheduled by NVC before she finishs 2-year stay, contact Guangzhou Consulate to reschedule the interview.

The following links are about visa ineligilbility and how to resechedule interview at Guangzhou Consulate.

http://guangzhou-ch.usembassy-china.org.cn/iv_faq090206.html#B14

http://guangzhou-ch.usembassy-china.org.cn/iv_ineligibilities.html

[YuAndDan 153]

They will hold issuing the visa until the rule is met.

Happen to this couple.

http://candleforlove.com/forums/index.php?showuser=23980

http://candleforlove.com/forums/index.php?showtopic=41784

They also had to deal with the CCP issue, which was a non-issue.

The safest way is to make sure that the interview date is after she finishs 2-year stay. If the interview date has been scheduled by NVC before she finishs 2-year stay, contact Guangzhou Consulate to reschedule the interview.

The following links are about visa ineligilbility and how to resechedule interview at Guangzhou Consulate.

http://guangzhou-ch.usembassy-china.org.cn/iv_faq090206.html#B14

http://guangzhou-ch.usembassy-china.org.cn/iv_ineligibilities.html

Can always delay sending P3 paperwork to NVC until very close to or past the 2 year period, delaying NVC from scheduling an interview for after the 2 years.