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TessW

J1 to F1 and then married

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Hi,

I came here in 2014 as an Au pair from Sweden and went back home over the summer of 2016 to get a F1 visa. I recently got married and are in the process of applying for adjustment of status.

I'm very worried about this 2 year rule, 212(e). It doesn't say anything about it on my old visa or DS document.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Not all j-1 visas are subject to the 2 year home stay rule. You can check the details, but sorry I don't have a link quickly available to share with you as a source. But I doubt that a j-1 as an au pair would be subject to that requirement.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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