Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?

[Marshall15 4]

It looks like I'm OK.

My Sponsor has told me that everything that was on my original DS-2019 stands because it was signed by immigration, and my extension wasn't because it states in the 'purpose of this form' box 'to extend an existing program' and because my original DS-2019 also states TRAINEE UPTO 18 MONTHS.

I hope that makes sense!

Fingers Crossed!

Thank you for all your help!

[Beautifulday 16]

Since he's got his answered, can I have mine now, please? I don't want to make another thread just regarding one topic that's being discussed here.

[mirian&john 1]

I'm sorry to interrupt here but I got a question. I was also a j1 visitor, I was an exchange student, this j1 Visa was eligible from Jul 2009 to Jul 2010. I then went to Poland, my country, and after summer got back here again on the F1 student visa, graduated hs here. I've been in my country since June 2011 til February 2013. However my j1 thing in my passport does say "bearer is not subject to section 212e. Two year rule does not apply. (Poland)"

Am i good? We just got approved for the k1, I'll have to schedule interview in my country soon.

Does the box in your DS is checked?

It seems that you are not under the rule.

[Beautifulday 16]

Does the box in your DS is checked?

It seems that you are not under the rule.

My ds? All I've got with me is my passport...

[kzielu 1,147]

My ds? All I've got with me is my passport...

But what answer exactly you're looking for ? For somebody to confirm that if you DS or passport says you're not subject to 2-year rule then you're not ? Can't figure it out on your own ?

[Beautifulday 16]

But what answer exactly you're looking for ? For somebody to confirm that if you DS or passport says you're not subject to 2-year rule then you're not ? Can't figure it out on your own ?

Yeah I just wanted to make sure, I'm a blonde.

What is that dependent on, whether someone is subject to that requirement not?

Można być milszym, you know?

Edited April 28, 2014 by Beautifulday

[kzielu 1,147]

Yeah I just wanted to make sure, I'm a blonde.

What is that dependent on, whether someone is subject to that requirement not?

Most recently on country of origin I believe. PL is not subject to 2 HHR for a while now.

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home-country physical presence requirement if the following conditions exist:

• Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

[Beautifulday 16]

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Most recently on country of origin I believe. PL is not subject to 2 HHR for a while now.

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home-country physical presence requirement if the following conditions exist:

• Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

Thank you. So we're good then.

[G. Simoun 3]

Start your own thread.

Wil anybody help me

[PallasAthena 101]

I said I was sorry, and I clearly asked about my station after explaining it a little. I don't see what the problem with is but OK...

The problem is that it's called "hijacking someone else's thread" and it's rude. If you want your questions answered, start your own thread.

[PallasAthena 101]

OP, you need to find out whether or not you're subject to the two year rule. My husband was subject to it and returned to his country for 2 years. During the time he was here, he needed to get his J-1 renewed 3 times. 2 of his J-1 visas had "subject to 2 year rule" and one of them said "two year rule does not apply". He came to the US to do graduate school funded by his country and so even though one of his visas said "does not apply", this was given in error. We also know two other international students who are here in the US completing graduate school. They're both funded by the governments of their country and one of them has a "subject to two year rule" and the other one does not. However, they explained to me that in the end, it's up to the CO. If you were funded by an entity in your country to come to the US (such as study abroad or some kind of scholarship), then most likely you ARE subject to the 2 year rule. If you came here as a part of a worker exchance program (i.e. they place you at disney land, a restaurant, nanny, etc.) then most likely you are not subject.

[PallasAthena 101]

Are you definitely sure about this?

From what I'm reading it is only for work visas?

Surely we wouldn't have just had it accepted if they were going to refuse it later down the line?

I met her 3 months into my 18 month visa, so it's not just a summer romance.

What exactly am I looking for in regards to this HRR you mentioned?

It is not only for work visas as it clearly says on the form you're currently filling out for the K-1 visa. You cannot immigrate to the US if you have not completed the two year home residency requirement if you're subject to it.

[PallasAthena 101]

It looks like I'm OK.

My Sponsor has told me that everything that was on my original DS-2019 stands because it was signed by immigration, and my extension wasn't because it states in the 'purpose of this form' box 'to extend an existing program' and because my original DS-2019 also states TRAINEE UPTO 18 MONTHS.

I hope that makes sense!

Fingers Crossed!

Thank you for all your help!

I didn't see this post here. I am glad your sponsor said it should be OK! The j-1 is an evil visa, indeed. Good luck!

[aaron2020 11,651]

I didn't see this post here. I am glad your sponsor said it should be OK! The j-1 is an evil visa, indeed. Good luck!

Please explain how the J-1 is an evil visa?

Didn't the beneficiary agree to return home for 2 years in exchange for taking money from the home country/sponsoring organization?

Why is the J-1 an evil visa when the beneficiary is the one breaking the agreement after taking the money?

Edited April 28, 2014 by aaron2020

[Hypnos 6,576]

For the benefit of anyone this applies to, you can request an advisory opinion from the State Department as to whether you are subject to the J-1 HRR. Anyone wishing to do this can find information here: http://travel.state.gov/content/visas/english/general/advisory-opinions.html