J-1 question in I-485 form

[AndrewZweifel 0]

I was a J-1 exchange visitor who was subject to the 2-year foreign residence requirement, which is over today. They ask (in the question 12 part 3 of I-485 form ) to answer "yes" or "no" to the question: "have you ever been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?" I agree with the first part of the question but the 2nd is not about me... When I came here I still had the time left on and the rule of J-1 hadn't expired. But now it's over and I don't know what to answer to this question. What should I put?

[Dr_LHA 3]

So you didn't complete your two years in your home country after finishing the J-1? You have to actually spend those 2 years in your home country. That time cannot be run down inside the USA.

This is one of the few things that can cause a person in a real marriage to a USC to get denied AOS. My advice is not to lie on the forms (that's always my advice), you have to answer "Yes" to this question right now unless you need to obtain a waiver of the 2 year foriegn residence requirement before you file your AOS.

Note that answering yes will most likely lead to denial. Get the waiver!

Edited December 12, 2006 by dr_lha