CR-1 and J-1

[Chia&sean 17]

Hello everyone,

I was on a j-1 visa with the 2 years home residency rule. The visa expired June 2011, and I've lived since then in my home country. Last year for about a month I've been in the US as a tourist..so my question is.. Does that month I've spent away count or not?

I'm about to apply for my CR-1 and don't wanna mess it up!

Thanks!!!!

[pushbrk 13,370]

No, a visit does not subract time from your home stay requirement. Are you about to "apply for your visa" or is your spouse about to file an I-130 petition in your behalf?

Either way, you should have no difficulty related to the home stay but please do clarify.

Edited June 28, 2013 by pushbrk

[Chia&sean 17]

Thank you for replying! Yes my spouse USC is about to file a I-130 petition for me, and a lot of doubts are coming around.

So even if vacations are in the states they don't count if I understood right. and i know they ask about visas only at NVC time, so by then i would be for sure ok with the 2 years requirement, vacation or not.

I hope so at least!!!thanks!!!

[pushbrk 13,370]

Thank you for replying! Yes my spouse USC is about to file a I-130 petition for me, and a lot of doubts are coming around.

So even if vacations are in the states they don't count if I understood right. and i know they ask about visas only at NVC time, so by then i would be for sure ok with the 2 years requirement, vacation or not.

I hope so at least!!!thanks!!!

You must have completed teh two year home stay requirement by the time the visa is actually issued. It won't even be close. You'll be looking at closer to three years by that time.

[Chia&sean 17]

That's what we thought too!but better to be sure.

Thank you for your help,really appreciated!!