Will USCIS deny I-129f if I'm still under the 2 year home requirement?

[Pandova 17]

Hi everyone,

I visited the US on a J-1 visa with the 2 year home residence requirement (2yhrr) and that's where me and my fiance met. We are sending our I-129f application next month, cause based on the waiting times of receiving the NOA2 my 2yhrr will be over by the time I have my interview.

We are wondering if USCIS will send an RFE or even deny the petition since I will still be under my J-1 2yhrr when they go through our application?

Should we add a page explaining my J-1 situation and how we are both aware of it, or should we leave out all the references to the J-1 visa from the I-129f packet and only explain it in the interview?

[fmirandam 7]

Hi everyone,

I visited the US on a J-1 visa with the 2 year home residence requirement (2yhrr) and that's where me and my fiance met. We are sending our I-129f application next month, cause based on the waiting times of receiving the NOA2 my 2yhrr will be over by the time I have my interview.

We are wondering if USCIS will send an RFE or even deny the petition since I will still be under my J-1 2yhrr when they go through our application?

Should we add a page explaining my J-1 situation and how we are both aware of it, or should we leave out all the references to the J-1 visa from the I-129f packet and only explain it in the interview?

Are you back in your home county? The only moment in the process that they will check if you completed the 2 year home requirement is at the interview. I filled for I130 last november, but I only finish my two year requirement on 27 of July. My interview is scheduled for the 29th of July. Just make sure that you spent 730 days in your home country by the time of the interview. And...remember to not count the days you were out of the country for any reason, even tourism. Good luck!

[Pandova 17]

Yeah I'm back in my home country and I haven't left so if everything works well the interview will be just a few days after the 2yhrr is over, just like yours!

I just don't know if it's a good idea to add an extra page to our I129f packet explaining that we are aware of the 2yhrr rule?

I read here that the USCIS doesn't care about that, but I've also read that some people got RFE's because USCIS wanted to see their DS2019.. and that's what I don't understand .. if they don't care about J1 visas in this part of the process, why would they request to see someone's DS2019?

Thanks for the reply!!

[fmirandam 7]

I didn't include any extra explanation about it in my I130 application. The only time I mentioned it was when I was filling form DS260 (I think yours is a different one) where they specific asked if I had a J1 visa and had not yet completed the 2 years. I responded that yes (I was subjected and hadn't completed it yet) and explained that I was going to complete on July 27. They never really asked me, they even scheduled my interview on June 16th, and I had to reschedule. So I guess is your responsibility to not go to the interview without completing the 2 years.

My interview is on July 29th, feel free to message me after that and I will tell you how it went.

Good luck!