J1 married to US citizen : DS-230?

[Romonster 0]

Hi everyone!

Thanks a lot to everyone for all the precious info I found here.

I have started working on my AOS last month and I am getting very overwhelmed with all the paperwork.

I printed pretty much all the forms that I found in the guide but I have a DS-230 form that I have no idea where it came from.

Can anyone let me know what I am supposed to do with this form? Did I fill it out by mistake? Or does it go into either the i-130 package or the -485 package?

Thank you so much!

[didopage 337]

Are you in the US?

The DS-230 form is used during a visa process. If you are currently AOSing from the US, you are not applying for a visa (but a green card). It doesn't go into the I-130/I-485 package.

[Harpa Timsah 13,258]

The DS-230 is from yourapplication for a J-1 visa, unless you somehow randomly filled it out now. One of those DS forms (not sure which, sorry) can be used to show that you are NOT subject to the 2-year Home Residency Requirement, which is something you need to show (or that you have a waiver already).

[Romonster 0]

Are you in the US?

The DS-230 form is used during a visa process. If you are currently AOSing from the US, you are not applying for a visa (but a green card). It doesn't go into the I-130/I-485 package.

Yes, I am in the US. So I guess I filled it out by mistake.

Thanks for your answer.

How do I prove that I am not subject to the 2-year Home Residency requirement? It says so on my visa but not on my DS-2019. Should I just join a copy of my visa, highlighting that part?

[didopage 337]

I'm not sure as I was not in the same case as you (got a J-1 but I returned to the US to apply for a K-1). I would say a copy of your J-1 visa should be good enough to prove that you are not subject to that rule. Also, are you sure it's not on your DS-2019? There should be a box ticked by the CO at your J-1 consulate interview. I remember I was pretty nervous on which box the CO would tick.

Harpa, I don't think the DS-230 is part of the J-1 process. It's a form used for immigrant visa application (+ K-1), and I don't think it's ever returned to the applicant anyway.

[Romonster 0]

Also, are you sure it's not on your DS-2019? There should be a box ticked by the CO at your J-1 consulate interview. I remember I was pretty nervous on which box the CO would tick.

The box is not ticked, that's why I am kind of scared! But the visa itself says "bearer is not subject to section 212(e). Two-year rule does not apply."

[didopage 337]

That seems like a good enough proof to me. Let's see if someone more experienced on the subject can light this up.