2 year restriction

[Minya's wife 24]

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.

...

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....

If your J-1 visa does not have the 2 year HRR, then you can receive further visas you are eligible for. I'm confuesed by your post above....did you have a J-1 visa with the 2 year HRR? And you received another J-1 visa while still on the restriction?

It is my understanding that the the 2 yer HRR is placed on those J-1 visa holders that are pursuing studies (usually graduate studies and post-graduate) here in the states that once finished would qualify them as " in high demand" in their home country....or if they receive money from the government to pursue their studies. A lot of times you will see the 2 year HRR on the visas of Medical Students who come to the states to do specialized Fellowhships in their field. Normally an undergraduate student who comes on a summer internship, or summer school does not have the 2 year restriction on their J-1.

-P

[AUBGER 0]

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.

...

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....

If your J-1 visa does not have the 2 year HRR, then you can receive further visas you are eligible for. I'm confuesed by your post above....did you have a J-1 visa with the 2 year HRR? And you received another J-1 visa while still on the restriction?

It is my understanding that the the 2 yer HRR is placed on those J-1 visa holders that are pursuing studies (usually graduate studies and post-graduate) here in the states that once finished would qualify them as " in high demand" in their home country....or if they receive money from the government to pursue their studies. A lot of times you will see the 2 year HRR on the visas of Medical Students who come to the states to do specialized Fellowhships in their field. Normally an undergraduate student who comes on a summer internship, or summer school does not have the 2 year restriction on their J-1.

-P

Yup....dont be confused...I had a 2 yrs HRR because I was an Exchange student for the FSA-FLEX...Freedom Support Act- Future Leaders Exchange Program sponsored by the American Govnt..and i did still get the Visa for Work&Travel Summer Program

[ladywhite 0]

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.

At this point, a J-1 waiver is not for you. She is already back in her country. You (in fact, your fiancee) could have filed for it long time ago while she was still in the US. If granted, she wouldn't have had to return to Poland.

Right now, like the above post said, you can start filing your petition, but you need to do the math. NOA2 is valid for 4 months, so if you file too early, it may expire before Nov 2005 where your fiancee is eligible for a k-1. In other word, estimate time well so that her interview is still within the 4 months of NOA2 and after November 07. I know I sound kind of confusing, but I hope you understand what I'm trying to say.

We had to wait 19 months to file I-129F. He just mailed out the peition this past Saturday. We estimate that it would take about 4 months to get NOA2 (assuming everything goes well and no delay) which would be around late July or August. I would have about a month to apply and gather all required documents in my home country and then schedule my interview, which has to be on September 2, 2007, or later (i entered the country on Sept 1, 2005).

I hope this helps. Start collecting all required documents you need for the petition. My fiance spent nearly 2 months to get everything they need (hopefully he got everything )

You may IM me if you would like to talk more.

Good Luck to both of you. You have come close to when she will be free.

Ladywhite

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....

Not all J-1s have the HRR attached to them.

With this requirement, during the HRR, you could apply for as many J-1s as you would like to and come to the US (in my case, it'd be as an exchange scholar). You don't have to be physically present in your home country for two straight years. But in order to fullfil your HRR, the accumulation of your presence in your phome country must be 2 full years.

My colleague who is a university professor comes to the US every year to do research on a J-1 (and is subject to HRR). There are people coming to the US on Programs like Work & Travel or to be an Au pair every year on a j-1. I know that Au pairs who hold J-1 are not subject to HRR, but i'm not sure about those who come on the Work and Travel program.

The point is while your HRR has not been fullfiled, even though you are in the US, you can't adjust your status whatsoever.

If you don't have HRR on your back, you could do anything you'd like to.

[ladywhite 0]

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.

...

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....

If your J-1 visa does not have the 2 year HRR, then you can receive further visas you are eligible for. I'm confuesed by your post above....did you have a J-1 visa with the 2 year HRR? And you received another J-1 visa while still on the restriction?

It is my understanding that the the 2 yer HRR is placed on those J-1 visa holders that are pursuing studies (usually graduate studies and post-graduate) here in the states that once finished would qualify them as " in high demand" in their home country....or if they receive money from the government to pursue their studies. A lot of times you will see the 2 year HRR on the visas of Medical Students who come to the states to do specialized Fellowhships in their field. Normally an undergraduate student who comes on a summer internship, or summer school does not have the 2 year restriction on their J-1.

-P

I don't think Kinzaza's J-1s had HRR attached to them, so she wasn't subject to the HRR.

And yes, Paula&Minya.. You're correct..

[ladywhite 0]

-P

Yup....dont be confused...I had a 2 yrs HRR because I was an Exchange student for the FSA-FLEX...Freedom Support Act- Future Leaders Exchange Program sponsored by the American Govnt..and i did still get the Visa for Work&Travel Summer Program

Kinzaza, I'm sorry I did't see that you were subject to a 2 yr HRR, too.

Like I said in my above post, you can get a J-1 and come to the US as often as you can (like my colleague as an example), but you are still subject to the HRR and you have to be present in your home country for an accumulation of 2 years to fullfil that requirement.

And while in the US with the HRR, you can't adjust your status unless you petition for a J-1 waiver and are granted. In my case I didn't do it because I knew I wouldn't be able to get a letter of No-objection from my government.

[Minya's wife 24]

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....

Yup....dont be confused...I had a 2 yrs HRR because I was an Exchange student for the FSA-FLEX...Freedom Support Act- Future Leaders Exchange Program sponsored by the American Govnt..and i did still get the Visa for Work&Travel Summer Program

ladywhite said: "With this requirement, during the HRR, you could apply for as many J-1s as you would like to and come to the US (in my case, it'd be as an exchange scholar). You don't have to be physically present in your home country for two straight years. But in order to fullfil your HRR, the accumulation of your presence in your phome country must be 2 full years."

This is a good point ladywhite, which made me think of what you said earlier kinzaza. If you had a 2 year HRR in any of your J-1 visas, you will have to at some point fulfill your two years in your home country....if you haven't done so already. As ladywhite said....those J-1's w/ the 2 year HRR are very strict and adjusting status is virtually impossible if you have not met the requirement or if you have not gotten a waiver from your home country. I have friends who were not able to get a waiver at all because of the "highly specialized" training they received while here, and their home country refused to issue the "No object" waiver. They had to go back and stay in their home country 2 years, before coming here again and being eligible to adjust status.

That said, the OP's situation is relatively simple, because his fiancee is almost at the end of ther HRR, and by the time the I-129F gets approved and is at the consular stage, she will have finished w/ ther J-1 visa home stay. (Unless the OP lives in the Vermont Service Center area....since they work so fast, he may want to hold off another month or two before filing.)

-P

[AUBGER 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

[Alex+R 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

Huh? How did you get that?

At any rate I wouldn't disclose that I violated the terms of my visa on a public message board, but that's just me.

[AUBGER 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

Huh? How did you get that?

At any rate I wouldn't disclose that I violated the terms of my visa on a public message board, but that's just me.

I didnt violate anything relax...I just went to study to Bulgaria...R u always that annoying? This is about my visa and i would appreciate for u to keep it quiet if u've nothing to say connected to it...I love a person and wanna be with that person just like you...so please just because i disagree with ur points on a freakin poll stop judging me everywhere else ...u know nothing about me

[Ivelina_Andrew 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

Hey Kinzaza,

just wanted to say i really sympathy you...

Why don't you try check with our Embassy about your status for the J1?

They are kind of helpful...

And then you could try checking if Moldova would allow you to get waiver

Everyhting best kinzaza

Good luck!

[AUBGER 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

Hey Kinzaza,

just wanted to say i really sympathy you...

Why don't you try check with our Embassy about your status for the J1?

They are kind of helpful...

And then you could try checking if Moldova would allow you to get waiver

Everyhting best kinzaza

Good luck!

Thank you so much. Does MY government have to grant me a waiver?

[Ivelina_Andrew 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

Hey Kinzaza,

just wanted to say i really sympathy you...

Why don't you try check with our Embassy about your status for the J1?

They are kind of helpful...

And then you could try checking if Moldova would allow you to get waiver

Everyhting best kinzaza

Good luck!

Thank you so much. Does MY government have to grant me a waiver?

As far as I understand when you apply for it or before that I am not sure you have to get a statement from them confirming that they "do not object" for you to get a waiver...

[Minya's wife 24]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

No, I'm sorry, I didn't mean to freak you out!! I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)

If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset.

-P

[AUBGER 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

No, I'm sorry, I didn't mean to freak you out!! I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)

If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset.

-P

Ok...I did have that restriction... i just checked. It is called Visitor 212e. It's written right on my very first US visa. I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 week each (I dont know if a break counts) so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts. BTW, would that affect my getting an NOA 2? I'm going to Moldova in the middle of May since i'm graduating. The visa is valid for 6 months...so if i wont have a problem getting a k-1 maybe i should just stay in the country for 5 more months (which of course will hurt my career development)...This has NOT been a good day...been crying all the time

[Ivelina_Andrew 0]

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?

Ok,..now i wanna kill myself

No, I'm sorry, I didn't mean to freak you out!! I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)

If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset.

-P

Ok...I did have that restriction... i just checked. It is called Visitor 212e. It's written right on my very first US visa. I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 week each (I dont know if a break counts) so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts. BTW, would that affect my getting an NOA 2? I'm going to Moldova in the middle of May since i'm graduating. The visa is valid for 6 months...so if i wont have a problem getting a k-1 maybe i should just stay in the country for 5 more months (which of course will hurt my career development)...This has NOT been a good day...been crying all the time

Im sorry kinzaza...

do not worry it will be good at the ned...(which sounds so cliche, but it is true:))

try checking it at the Embassy and then with your gov to see if they would "object"

Don'y worry,just check everyhting twice and then think about what you would do..

Good luck