2 YEAR FOREIGN RESIDENCY REQUIREMENT ON A J-1 VISA

[fatihbaba 0]

To whom it may concern,

I entered the US back in 2001 on a J-1 Visa to attend to a basic ESL Language training class to improve my English language skills. I was financially responsible for my own education. So this was not a government funded education. I recently got married with a US citizen. After our successful interview, I was given an RFE asking for one of the options below to be done to have my I-485 application to be processed.

• Providing proof that my J-1 non-immigrant exchange visitor visa is not subject to the 2 year foreign residence requirement
• in the absence of this proof, an approved form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as amended) to be provided

Under this condition, am I subject to the 2 year foreign residency requirement? If yes, any way of benefitting from waiver program? Your kind reply is greatly appreciated…

Thank you in advance…

[Mena28 35]

Do you still have your passport that contains your "old" J-1 Visa? It says directly on your visa, whether you are subject to the two year rule or not.

I am not an expert, but look at your passport, see what it says and then just send them a copy of your passport page?

Also, I can´t see which country you are from - there are country specific rules for this that you should be able to find on the internet.

[AnotherLostSoul 167]

As the above poster wrote, check your visa. It will either say "Bearer is subject to the two-year home residency requirement" or that you're not.

[fatihbaba 0]

I am a Turkish citizen...

[Unidentified 2,930]

I googled and found this on the website of the US Embassy in Turkey:

Q14. How do I know if I am subject to the two-year home-country foreign residency requirement?

When you agree to participate in an Exchange Visitor Program you will be subject to the two-year home-country foreign residency requirement if your exchange program is funded by either your government or the U.S. government, involves specialized knowledge or skills deemed necessary by your home country or you received graduate medical training. If this requirement applies, you must return to your home country for a cumulative total of two years at the end of your exchange visitor program. You are not prohibited from traveling to the United States but may not benefit from certain employment-based or family-based visas until the foreign residency requirement is satisfied.

You can find more info here: http://turkey.usembassy.gov/non-immigrant_visas/faqs/j-visas.html#12