AOS on a J Visa - Help!

[MrsAmera 41]

Hi all - I'm posting this for a friend and am trying to figure out what her best options are. So my friend married a man while he was here on a J-(Something) visa from Egypt. The visa allows him to work or study for a 5 year period but everytime he goes back to Egypt and wants to return to the US he has to re-file for admittance. So he has the visa but must have to let them know he's coming? SO..they got married when he was here. However, he wants to go back to Egypt in September to finish school (one more year). So I guess my question is should they file AOS as soon as they can and will he be allowed to go out and come back? Or if he leaves is there no way for him to come back without doing a CR-1/K3? They didn't get married in Egypt they got married in the US.

Sorry if this is hard to understand I'm trying to present all the facts I have and give her the best idea of what to expect! Thanks!

[scy 0]

Hi all - I'm posting this for a friend and am trying to figure out what her best options are. So my friend married a man while he was here on a J-(Something) visa from Egypt. The visa allows him to work or study for a 5 year period but everytime he goes back to Egypt and wants to return to the US he has to re-file for admittance. So he has the visa but must have to let them know he's coming? SO..they got married when he was here. However, he wants to go back to Egypt in September to finish school (one more year). So I guess my question is should they file AOS as soon as they can and will he be allowed to go out and come back? Or if he leaves is there no way for him to come back without doing a CR-1/K3? They didn't get married in Egypt they got married in the US.

Sorry if this is hard to understand I'm trying to present all the facts I have and give her the best idea of what to expect! Thanks!

Does the J-1 visa have a two year home residency on requirement with it?

[sparkofcreation 0]

We filed for AOS from a J visa. No hassle at all but we filed as his J visa time was expiring so it's a bit different. I'm pretty sure he'd need to file for the reentry permit (whatsit called? Advanced Parole?) because the J visa allows one to enter for non-immigration purposes and having filed for AOS pretty clearly shows immigration intent.

[MrsAmera 41]

So my understanding of this is, that he will need to file the AOS and wait to get the AP before he goes back to Egypt (he wants to go back to finish his last year of school.) What if he gets the AP but has his AOS interview while he is still in Egypt? Or should he just try to hold his studies for a year, in time for the AOS to go through and finish up and go back. She (and he) don't want him to leave and assume that while filing AOS he would be allowed back in on his J visa.

I don't think the J visa has the 2 yr. residency. He's come here every summer for 2 years.

[scy 0]

So my understanding of this is, that he will need to file the AOS and wait to get the AP before he goes back to Egypt (he wants to go back to finish his last year of school.) What if he gets the AP but has his AOS interview while he is still in Egypt? Or should he just try to hold his studies for a year, in time for the AOS to go through and finish up and go back. She (and he) don't want him to leave and assume that while filing AOS he would be allowed back in on his J visa.

I don't think the J visa has the 2 yr. residency. He's come here every summer for 2 years.

What is the "Two-year Rule"?

This means you are subject to 212(e) of the Immigration and Nationality, as amended (INA), which means you must reside and be physically present in your country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the U.S. before you are eligible to qualify for an immigrant visa or permanent residence status, fiancé/fiancée (K) visa, a nonimmigrant skilled worker (H) or an intra-company transferee visa.

It is important to note that only a preliminary finding of whether the "two-year rule" applies to you is made on your DS-2019 when your J1 visa was issued. The final decision is made only when/if you choose to apply for an H1, L1, K1 or immigrant visas.

When he files for his AOS, he no longer has J-1 status. His status will be "pending adjustment of status". So he needs an advance parole document to return to the US. The bigger issue is whether he abandons his adjustment of status by "studying in Egypt for a year".

Your friend should speak to a good lawyer who can tell him if he is subjected to the 2 year rule. If he is subjected and files for AOS anyways, they will deny his AOS and make him leave the country in 30 days.

[MPGGPM 0]

So my understanding of this is, that he will need to file the AOS and wait to get the AP before he goes back to Egypt (he wants to go back to finish his last year of school.) What if he gets the AP but has his AOS interview while he is still in Egypt? Or should he just try to hold his studies for a year, in time for the AOS to go through and finish up and go back. She (and he) don't want him to leave and assume that while filing AOS he would be allowed back in on his J visa.

I don't think the J visa has the 2 yr. residency. He's come here every summer for 2 years.

The 2 year rule does not prevent him from coming back to visit etc....... But it WILL prevent him from obtaining permanent residence etc, until he does either....

1) File for a waiver of this rule

2) Or, once he has finished his j-1 program, (meaning he no longer uses the j-1 visa for travel, but chnges to some other kind of visa) , he goes back to his home country, and remains there for 2 years. (he can still visit the USA for short periods while he serves his time, however, the cathch is that the US will then add that time to his 2 years.)

I am very familiar with that second example, unfortunately, as my wife had that 2 year rule imposed on her j-1 visa, and she has since gone back to her country to serve her 2 years. (she has been there a year now).

It is very important that he find out information regarding this. It is the key to determining whether he can file for AOS now, or will have to wait until he has accomplished either of the 2 things I mentioned above.

One way to determine if he is subject to the 2 year rule is to write to the US Department of State.

This is some info I copied from from the website link given below.

http://travel.state.gov/visa/temp/info/inf...4.html#advisory

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Advisory Opinions

Q. What is an advisory opinion for a waiver recommendation case?

A. An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended.

Q. When should I request an advisory opinion?

A. You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether you are or are not subject to Section 212(e).

Q. Can anyone request an advisory opinion on my behalf?

A. Yes. Your attorney or your responsible/alternate officer may request an advisory opinion for you.

Q. What information should I include in my request for an advisory opinion?

A. You should mail legible copies of all your DS-2019/IAP-66 forms along with the written request for an advisory opinion. We do not recommend sending your request by fax because DS-2019/IAP-66 forms frequently become illegible during the fax process.

Q. Where do I send the request?

A. You should send your request to the following address:

U.S. Department of State

CA/VO/L/W, Visa Services

2401 E Street, NW, (SA-1)

Washington, DC 20522-0106

The request for an advisory opinion should be made by letter and must provide legible copies of all of the exchange visitor's DS-2019/IAP-66 forms for the entire time he/she was in J status. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent.

Edited March 10, 2006 by MPGGPM

[MrsAmera 41]

Wow thanks so much for all of the help on this issue. I'm going to forward it on to my friend and suggest she go talk to a lawyer to make sure they get everything straightened out with no surprises!