J-1 2 Year Rule- Looking for Help!

[syd246 0]

Hello,

My Chinese fiance is nearing the end of her 2 years as an Au Pair on a J-1 visa. She would like to apply for a waiver of the 2-year Residency rule. I have 2 questions regarding this:

1) I have read on several other forum websites, that the US Department of State does not consider Au Pairs to have any particular skill set, and therefore not subject to the 2-year rule. I have also read if it is marked on your Visa as being subject, then you are subject to the rule. So....are Au Pairs subject to this rule?

2) If they are then it appears to me that the only option for us to to start the waiver process, on the No Objection Statement route. I know we need to fill out the Form DS-3035 on the US Depatment of State website. Once we have a case number we can then request a No Objection Statement from the Chinese Embassy. My question is, how do you make this request? How do you word it, who do you address the letter to and what points need to be addressed in the letter?

Any help would be greatly appreciated as moving to China for 2 years was not part of my life plan! :-) Although could be an adventure...

[lil2be 11]

My aupair said 2 year rule doesn't apply. Most au pairs don't. But it might vary by country.

Maybe take a look at her visa page again.

[Boiler 45,583]

Why do you think she has a 2 year HRR?

[syd246 0]

Why do you think she has a 2 year HRR?

Hello. It says on her Visa she is subject to the 2 year residency, but on her forms (I think the DS-2019) niether box is checked. That is what is causing the confusion for us.

[Boiler 45,583]

For an Au Pair that makes no sense.

An error somewhere?

[syd246 0]

That is what I am thinking as well. I am mailing in all the forms and copies for an Advisory Opinion on this. Hopefully it will come back as an error on her Visa and the 2 year gets dropped. I have read that a lot of times with an Au Pair the 2 year is automatically marked on the visa because the US assumes that your country is paying your fees, whether or not that is actually the case.