AOS and previous J1

[sarahsmiles 0]

Hello all,

My husband was here on a J1 when we met and then returned on a K1 so we could be married. My question is two-fold: 1) Will they want to see any paperwork from his J1 visa at the AOS interview? I read a review that seemed to indicate that. My husband didn't bring any of that with him when he returned to the U.S.

2) Is it necessary to indicate this on the EAD application? A VJer responded "no" when we asked this question in the past, but now we're unsure again.

While I'm at it, can I just say that the AOS process is freaking me out! I keep worrying that something will go wrong and we will get denied...and that makes me want to throw up. Thanks for listening.

[Dr_LHA 3]

Hello all,

My husband was here on a J1 when we met and then returned on a K1 so we could be married. My question is two-fold: 1) Will they want to see any paperwork from his J1 visa at the AOS interview? I read a review that seemed to indicate that. My husband didn't bring any of that with him when he returned to the U.S.

I think the only reason it would come up is if he was under the 2 year rule. I assume he isn't?

2) Is it necessary to indicate this on the EAD application? A VJer responded "no" when we asked this question in the past, but now we're unsure again.

The answer is definitely "No". When they ask about "if you have applied for Employment Authorisation" and such on the I-765, they're talking about specifically the EAD. J-1s, H-1Bs, O-1s etc... don't count. My proof for this is I answered "No" despite having a work visa for the last 7+ years, and I have my EAD now.

While I'm at it, can I just say that the AOS process is freaking me out! I keep worrying that something will go wrong and we will get denied...and that makes me want to throw up. Thanks for listening.

We all feel that way sometimes!

[nemu 0]

Well, if you are looking for trouble, you came to the right place

I will simplify this a lot... For the purpose of this discussion, there are two types of J1 - with two year foreign ( or home ) residence requirement, section 212(e), and without. 212(e) can be added for: (1) receiving government funding, (2) being on the profession list http://exchanges.state.gov/education/jexch...skills_list.pdf, (3) receiving medical training.

Notice regarding 212(e) can appear on your visa, IAP-66 or DS-????. There have been instances when a person was 212(e)-ed errorenously.

Anyways, first you must find out if you have 212(e) with your J1. If not sure you can use "Advisory opinion" from travel.state.gov. For that you will need all and any paperwork related to the original issue and renewal of J1.

If you are a subject, you can apply for a waiver: http://travel.state.gov/visa/temp/info/info_1296.html

Best to look for J1 waiver specific sites, especially country specific discussion boards.

If you were ever a subject and your 2yFRR was not fullfilled, USCIS will find out, your AOS would be denied.

All of the above is moot if hubby stayed in the country of residence for two years.

Edited September 19, 2006 by nemu

[Dr_LHA 3]

nemu, I'm kind of curious how USCIS decide this whether or not you were on J-1, and how you think USCIS "will find out"?

Has anyone who are currently on K-1's who had J-1 visas in the past recieved RFE's asking for proof that they're not covered by 212(E)?

If so, shouldn't have the required compliance with 212(E) issue have come up while processing the I-129F?

At what point would USCIS deny you for not complying with 212(E)? At your interview? After?

Edited September 19, 2006 by dr_lha

[nemu 0]

Your point regarding I129 is very good, the fact that K1 was issued is a very positive indicator.

USCIS runs IBIS check, his entry with J1/J2 would be registered there. Furthermore, residence over 5 years is required - shows wheter 2yFRR is satisfied or not.

AOS has entry "have you ever had J1 with 2yFRR that was not fulfilled" ( give or take a few words). Applicant has to answer that.

Denial can happen during adjudication interview (anecdotal evidence)

[rebeccajo 14]

Your point regarding I129 is very good, the fact that K1 was issued is a very positive indicator.

USCIS runs IBIS check, his entry with J1/J2 would be registered there. Furthermore, residence over 5 years is required - shows wheter 2yFRR is satisfied or not.

AOS has entry "have you ever had J1 with 2yFRR that was not fulfilled" ( give or take a few words). Applicant has to answer that.

Denial can happen during adjudication interview (anecdotal evidence)

He wouldn't even have been granted the K if he was subject to the 2 year rule. It's already BEEN checked out.

Remember the I-485 is used by many people for other things than adjusting status after immigrating on a family based visa. Thus the questions on the form.