Had J1 Visa with 212 (e) 2 Year Residency and now applying for IR-1 / CR-1 Spouse Visa

[grad_student 11]

usually the visa issuance is delayed.

can be a problem, if you not pay attention to time, timing, calendar and schedule,

as

medical exam and police clearance report have a duration of validity on them, you might wind up re-doing this stuff after interview day.

i suggest to 'go slow' at NVC, as NVC gives you two up to 1 year per thing, and there are two things for intake (AOS and IV)

Ok. Thanks. I thought now a days you are supposed to submit the AOS and IV in one package, not two separate packages. Plus, where does it say that the applicant has 1 year to provide these documents to NVC? Can I get a link please?

Edited October 5, 2014 by grad_student

[Darnell 8,478]

no. i'll leave it to you, on the advanced search tool here, it's good practice.

[grad_student 11]

no. i'll leave it to you, on the advanced search tool here, it's good practice.

Haha ok. No worries. I ll do that. Thanks for you help. Appreciate it.

[Free.bird 2]

StrawberryKiss,

They do not ask abour two year HRR at NVC stage. They ask that at the consulate on the day of interview, when you fill the second part of DS-260 application. You should read the guides on VJ website.

Edited October 6, 2014 by Free.bird

[Free.bird 2]

You can also review this thread:

http://www.visajourney.com/forums/topic/242032-need-advice-on-i-130-and-j-1-2-year-home-residency-requirement/

[StrawberryKiss 170]

StrawberryKiss,

They do not ask abour two year HRR at NVC stage. They ask that at the consulate on the day of interview, when you fill the second part of DS-260 application. You should read the guides on VJ website.

I don't need to read anything

I filled out my online DS-260 in August during the NVC process, so I surely know what questions I had to answer. And I read all the answers thoroughly since I used to have a J-1 as well, but completed my HRR afterwards.

You are talking about the obsolete DS-230 paper form that was recently substituted by the online DS-260. So NVC and the consulate know about your situation before you even get an interview. There's no second part that needs to be brought to the interview anymore. Your source is 4 years old and, hence, outdated!

[Free.bird 2]

Wow! Maybe I should look for a different lawyer... She already made me sign and mail her the first part of DS 230! Thanks for letting us know

[Free.bird 2]

Were you already done with you home residency requirement by the time you filled the electronic form?

[grad_student 11]

I don't need to read anything

I filled out my online DS-260 in August during the NVC process, so I surely know what questions I had to answer. And I read all the answers thoroughly since I used to have a J-1 as well, but completed my HRR afterwards.

You are talking about the obsolete DS-230 paper form that was recently substituted by the online DS-260. So NVC and the consulate know about your situation before you even get an interview. There's no second part that needs to be brought to the interview anymore. Your source is 4 years old and, hence, outdated!

Yes, kindly share with us the timeline for IR-1/CR-1 visa application and the fulfillment of the 2 year home residency requirement if you feel like. Specifically, at what point in the application process for IR-1/CR-1 visa did you fulfilled the 2 year home residency requirement.

Wow! Maybe I should look for a different lawyer... She already made me sign and mail her the first part of DS 230! Thanks for letting us know

Maybe she made you fill up the DS-230 form, so she could just copy the information from outdated DS-230 to the new and currently valid online DS-260 form. Just a thought!

[StrawberryKiss 170]

Were you already done with you home residency requirement by the time you filled the electronic form?

Yes, kindly share with us the timeline for IR-1/CR-1 visa application and the fulfillment of the 2 year home residency requirement if you feel like. Specifically, at what point in the application process for IR-1/CR-1 visa did you fulfilled the 2 year home residency requirement.

Maybe she made you fill up the DS-230 form, so she could just copy the information from outdated DS-230 to the new and currently valid online DS-260 form. Just a thought!

I am sorry you got some wrong information. The DS-230 is only used for Diversity Visa 2014 and Cuban Family Reunification Parole applications only anymore (according to http://travel.state.gov/content/visas/english/forms.html). It's possible that your lawyer used it to put the answers into the online DS-260 later on since she can prepare that form for you. But as I said, you have to submit the DS-260 electronically and it is even longer and more extensive than the old DS-230, so they have all your info entered into their system immediately. Click on the link I posted above and you can acutally look at a sample form of the DS-260 and know what it's all about.

Here is my timeline (not sure how much it'll help you guys):

- July 2009: got my J-1 to study abroad

- August 2009: Moved to the US

- August 2010: Moved back home to Germany (starting my 2 yr HRR)

- August 2012: Fulfilled my HRR

- July 2013: Got married

- October 2013: Filed I-130

- August 2014: Submitted DS-260

Edited October 7, 2014 by StrawberryKiss

[grad_student 11]

Thanks for sharing your time line with us. Yes, your situation is much different that mine.

[StrawberryKiss 170]

You're welcome! Good luck on your visa journey!

[adnaps1 0]

I'm a US citizen and my wife also has the 2-year home residency requirement (HRR) and now we are interested in getting her green card. Her home country for the HRR is Argentina. We are currently living in Canada, but she has completed the HRR in Argentina with numerous visits adding up to 2 years. The problem we have is that in order to file I-864, I need to be domiciled in the U.S. or satisfy the U.S. government that I will establish a domicile in the U.S. on the date of my wife's admission to the U.S. As soon as my wife has her green card, we will be seeking employment in the U.S. How do we show proof that we will be seeking employment in the U.S.? I am currently working on my Ph.D. in Canada (I moved here because of my wife's 2-year HRR).

[StrawberryKiss 170]

I'm a US citizen and my wife also has the 2-year home residency requirement (HRR) and now we are interested in getting her green card. Her home country for the HRR is Argentina. We are currently living in Canada, but she has completed the HRR in Argentina with numerous visits adding up to 2 years. The problem we have is that in order to file I-864, I need to be domiciled in the U.S. or satisfy the U.S. government that I will establish a domicile in the U.S. on the date of my wife's admission to the U.S. As soon as my wife has her green card, we will be seeking employment in the U.S. How do we show proof that we will be seeking employment in the U.S.? I am currently working on my Ph.D. in Canada (I moved here because of my wife's 2-year HRR).

I think you're in the wrong forum since your wife has already completed her 2-year HRR. You will get more answers and better advice from people who have been through the same thing if you opened a thread in the CR-1/IR-1 forum, asking how to prove establishment of a U.S. domicile

[ssindy2107 0]

I am confused about how the process works? Does it have to be exactly two years???

I didn't know this when I married a US citizen last year. I was subject to the 212 (e) rule for a J-1 visa I had in summer 2012 as a Teacher. I went back to my country and work for two scholar years (from august to july next year), but I visited the US many times during that period and when the classes were over last year (in July 2014) I came to the US and hadn't left since.

A lawyer said that I should call the Department of Education in my country who granted the visa and that should be enough, that it was Ok that I had traveled in between because I didn't change my place of residence and I never stopped working. So I did, and they cleared me of every obligation.

a) would this be enough?

b) how does USCIS know if I completed the rule?

c) Would they ask about it if I don't have the visa attached to my passport anymore? (passport expired, so I have a new one, clean)

Hope someone can help me. This is what has been keeping me from sending my "adjustment of status" package.