How do you tally up the days you spent in your home country to fulfill the 212(e) requirement?

[pinklight 0]

Hello, I'm currently an F-1 grad student with an expired visa but valid I-20 until next year. I got married in July to a US citizen. I want to apply for AOS but I'm subject to 212(e) 2-yr residency requirement from my master's J-1 visa. I spent 1 yr and 7 months in my country after my J-1 and then I've been on short-term stays. My passport stamps and calculations show I have spent a total of 734 days in my country, which will fulfill the requirement. Since I barely meet the requirement, I want to know how do you account the days spent in the home country - just to make sure I do not come up short later on in the process and thus jeopardizing my PhD if I apply for AOS. Let's say I left the US and arrived in my home country on Oct 25 and came back to US on Oct 27, would that be 3 or 2 days?

Any comments are appreciated.

[MarinaKh 0]

Hello, I'm currently an F-1 grad student with an expired visa but valid I-20 until next year. I got married in July to a US citizen. I want to apply for AOS but I'm subject to 212(e) 2-yr residency requirement from my master's J-1 visa. I spent 1 yr and 7 months in my country after my J-1 and then I've been on short-term stays. My passport stamps and calculations show I have spent a total of 734 days in my country, which will fulfill the requirement. Since I barely meet the requirement, I want to know how do you account the days spent in the home country - just to make sure I do not come up short later on in the process and thus jeopardizing my PhD if I apply for AOS. Let's say I left the US and arrived in my home country on Oct 25 and came back to US on Oct 27, would that be 3 or 2 days?

Any comments are appreciated.

Hi there,

Same situation as yours and super curious if you have any updates on your case. I also don't know much about the day-counting technique, but the general consensus is that YOU SHOULD BE FINE WITH THE DAYS YOU HAVE ACCUMULATED and that some consuls will round up even if there is 1-2 months remaining. But please let me know if you have any updates.

Thanks,