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Posted

I don't think I will find anyone on this forum who had case like mine but maybe someone will have some advice for me.

After getting married to USC I filed all applications, 2 months later I had my fingerprints and EAD about month after that. We had our interview which was successful but I had to provide a proof that I am not a subject to 212(e) which is 2-year home residency requirement. I came to US thru J-1 Visa( work and travel program)

USCIS officer gives me an Initial Evidence " You entered on a j-1 visa with a two years residence requirement. You are seeking a waiver from the Department of state regarding this residence requirement. Please submit documentation from the Department of State which confirms that the waiver for residence has been approved or a statement from the Department of state confirming that the J-1 visa issued incorrectly with the two year residence rquirement"

I did so by contacting DOS (Department of State). I contacted them. I asked them for a review advisory opinion request, They sent me a letter says 212(E) FINDING LETTER: NOT SUBJECT – .I senT this letter to USCIS

I would like to ask you guys if you think this letter from department of state is gonna be enough?

or they can ask me for more proof?

thank you so much

Posted

That should be good, but this should have been initial evidence. You seem to have glossed over the part where the IO says that your J1 was subject to the 2-year HRR, and that part seems important.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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