2 year restriction

[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

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

Thank you for being so supportive...Means a great deal to me. I will ask Mike to call our lawyer. I hope he knows what to do.

[MPGGPM 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

[AUBGER 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

[MPGGPM 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

[AUBGER 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

[MPGGPM 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.

[AUBGER 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

[MPGGPM 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

Those were non-immigrant visas. When you received them, you made an agreement to return. Even with the 2 year HRR...they will still grant them.

Applying for the K-1...K-3....etc........is a different story. They won't grant those. You're not eligible for any type of "K" visa, when you still have the 2 year HRR to serve.

Edited March 26, 2007 by MPGGPM

[AUBGER 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

Those were non-immigrant visas. When you received them, you made an agreement to return. Even with the 2 year HRR...they will still grant them.

Applying for the K-1...K-3....etc........is a different story. They won't grant those.

I see....well it's bad news what can I say...I guess I will have to do "time" and try getting an internship at PriceWaterhouse and Coopers or some other accounting firm in Moldova to at least gain experience before I go to the US.

Thank you very much for letting me know. I guess it is better to know sooner than later...Thank you so much!!!! so so so much....You guys are totally awesome and are very helpful and...you're just great.

(F) (F) (F) (F)

[Minya's wife 24]

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.

-P

[AUBGER 0]

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.

-P

I see how it works. Man, my head is ready to explode. Ok...so I will concentrate on research this week and file for a waver. If not...well good things take time...just hope he's not gonna find someone else while i'll be staying in Moldova...that would be heartbreaking...Thank you

[rebeccajo 14]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

Those were non-immigrant visas. When you received them, you made an agreement to return. Even with the 2 year HRR...they will still grant them.

Applying for the K-1...K-3....etc........is a different story. They won't grant those. You're not eligible for any type of "K" visa, when you still have the 2 year HRR to serve.

I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....

A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.

[MPGGPM 0]

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.

-P

I see how it works. Man, my head is ready to explode. Ok...so I will concentrate on research this week and file for a waver. If not...well good things take time...just hope he's not gonna find someone else while i'll be staying in Moldova...that would be heartbreaking...Thank you

If you truly only have 4 months of time left to serve, I personally would not suggest trying to get a waiver.

That is because , at this point, you appear to have served most of your time.

Not only is a waiver not a definite thing (there are several steps you will have to go through during the process.....and in the end, you may not be eligible for one).........but it can take anywhere from several weeks..................all the way up to a year or more. (I have read of one case where it took 7 years

Not saying yours , if you were eligible for a waiver(which you don't know yet....it depends on the US government) ........would take that long. But, it could take much longer than you are probably thinking.

The best thing for you to do is research the issue, as you wrote, and read about the actual process itself. That way, when you gather enough information, if you decide to go foward with it, it'll be your decision. No one should make that for you.

But as I said, with 4 months left for you to serve.............I really don't think it would be worth your while. (Then there are also the costs, time , etc....)

I think when you read about the process, you will agree with me, that at this point, it's not worth it.

[AUBGER 0]

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova I only wish I knew

Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

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 days each 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.

Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

Those were non-immigrant visas. When you received them, you made an agreement to return. Even with the 2 year HRR...they will still grant them.

Applying for the K-1...K-3....etc........is a different story. They won't grant those. You're not eligible for any type of "K" visa, when you still have the 2 year HRR to serve.

I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....

A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.

Yeah...but then even if I get it they will never grant me an AOS and that is when my life would definately get screwd:) especially if I'm gonna have a job or be pregnant or whatever happens...i will have to come back home, do the time and then apply for a K3...I don't think that would be too good Thank you for trying to bring good news to light though

[AUBGER 0]

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time

The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.

-P

I see how it works. Man, my head is ready to explode. Ok...so I will concentrate on research this week and file for a waver. If not...well good things take time...just hope he's not gonna find someone else while i'll be staying in Moldova...that would be heartbreaking...Thank you

If you truly only have 4 months of time left to serve, I personally would not suggest trying to get a waiver.

That is because , at this point, you appear to have served most of your time.

Not only is a waiver not a definite thing (there are several steps you will have to go through during the process.....and in the end, you may not be eligible for one).........but it can take anywhere from several weeks..................all the way up to a year or more. (I have read of one case where it took 7 years

Not saying yours , if you were eligible for a waiver(which you don't know yet....it depends on the US government) ........would take that long. But, it could take much longer than you are probably thinking.

The best thing for you to do is research the issue, as you wrote, and read about the actual process itself. That way, when you gather enough information, if you decide to go foward with it, it'll be your decision. No one should make that for you.

But as I said, with 4 months left for you to serve.............I really don't think it would be worth your while. (Then there are also the costs, time , etc....)

I think when you read about the process, you will agree with me, that at this point, it's not worth it.

Yeah...I think you are right...I'm just gonna make mike come and visit ....women as it is already known are great expenses ... I actually thought that a waver could take too long as any Gov. work as a matter of fact...Gotta talk to Mike and to the Lawyer about it...even though our lawyer is 100000000 less useful than VJ You're awesome...