Stipulations for not receiving a VISA

[frenchphenom5 0]

My wife and I have our interview on the 16th. I'm just reading over some stuff and I read this:

"If you, your spouse and/or children who were previously issued J1 visas, and were admitted to the U.S. under INA 101(a)(15)(J), and studied, worked, lived, or are now in the United States as exchange visitors, you and/or they may need to satisfy a two-year foreign residence and physical presence requirement."

I'm curious to know how strict this is? While the main reasons for this immigrant visa will be personal, she's been accepted (i'm the usc) to study at a University and will also have a Graduate Teaching Assistantship with a stipend. We're bringing supporting documents to show this.

Do you think the above quote will really come up and pose a threat?

Thanks.

[Penguin_ie 5,993]

Has she had a J1 in the last two years? if not, the above is not relevant to you.

If yes, look through the paperwork and see if she is subject to the 2 year Home Residency. If she is, she will need to be released from it if it's less than two years since she left the USA.

[frenchphenom5 0]

I wouldn't even know where to look for the 2 year Home Residency paperwork. Where'd we find this, and how would we be released?

***

Just checked it. It is a J-1 Visa, and in the note it said it doesn't apply. Biggggggg sigh of relief over here in France. Keeping that above for people who may need to reference it later.

Edited June 12, 2011 by frenchphenom5