J-1 Visa two year rule residency requirement fulfilled... proving it.

[CaizLurol 36]

My husband is in his country after having returned due to the residency requirement on his J-1 visa. This is supposed to end in the middle of Dec 2013. We are about to fill out a I-130 and begin the application the IR-1 to bring him over to the US. Does he need to prove to the US that he was in his country for 2 years completing the residency requirement?

[Harpa Timsah 13,258]

Yep!

You may need to check, but I believe that the petition cannot be filed until the 2 years are over, because the person must be admissible at the time of petition. But you should check that over with someone, as I am not sure.

Edited July 25, 2013 by Harpa Timsah

[Hypnos 6,576]

I believe the I-130 can be filed at any point, but at the time you interview at the US embassy you must have satisfied the two year HRR.

Bear in mind that only time spent in the originating country counts as part of the HRR. So if your husband was from Brazil and his J-1 was issued by an American post in Brazil, only time spent in Brazil and not other countries will contribute to his two years.

[CaizLurol 36]

Thanks, guys. Two different attorneys said it's OK to file the I-130 now as he won't even get an interview before the 2 year rule requirements are finished. I was just wondering if during the interview at the consulate, they will ask him to prove that he stayed in Brazil for 2 years (which he did and was employed there during that period.)

Edited July 26, 2013 by CaizLurol

[Harpa Timsah 13,258]

Okay good. I know for other petitions the people must be eligible at the time of filing. They might ask for him to prove he fulfilled it, so he can show his passport stamps or utility bills or other such proof.

[anusarma 0]

In my opinion, as long as your husband’s documents including Form DS-2019 (Certificate of Eligibility) issued by your program sponsor, DS-160, nonimmigrant visa application are duly filled, I don’t foresee any issues. Carry the confirmation page with the barcode of DS-160 for the interview. It is also advisable to check the specific embassy address to determine what else they need. Contact designated sponsors for the Form DS-2019 for any prospective users they can choose for their program.