j-1 to f-1 to permanent resident (proving 2 year home residency)

[njaywilliams 0]

Hi,

I have a question about proving that the two year home residency requirement has been fulfilled.

My wife originally came to the US on a J-1 visa for her MA. After completing it, she went home for three months and returned to the US on an F-1 visa for her PhD. She has now been working on her PhD since 2009 while on an F-1 visa. She has accumulated the two years outside the US since she gave up her J-1 through summers at home and currently 1.5 years of time abroad conducting dissertation research. We plan to return to the US early next year to finish our degrees. At that point we want to apply for the green card through concurrent filing of I-485 and I-130.

The question is: will we need to prove that she has fulfilled the two year home residency requirement? if so (and I assume we will), how should we prove it? are passport stamps and flight itineraries enough? is there a special form to do so, or questions asked about it on the I-485 form? or will the immigration officers contact us or figure it out themselves?

thanks for any help and insight into this issue!

[CaizLurol 36]

Yes she would. As I understand it has to be two consecutive years...

[NewOrleansJerry 12]

We are in a similar situation and our attorney has advised us that the time is cumulative, not consecutive. When I asked the NVC about documentation, the information you are providing, plus payment, rental, mail and other transactions in the home country are also helpful. It is a 2 year "home" residency requirement, not two years out of the United States.

[RhettVoe 282]

the former J1 holder must spend two years total in their home country, not just somewhere outside the US...and vacation time in the home country does not count. The idea behind this rule (often waived, making it essentially meaningless) is that the home country should derive at least some benefit from the J1 holder, who is supposed to return and share their accumulated knowledge and experience with their countrymen....in reality, most quickly marry a USC and then claim some sort of hardship waiver.