J1

[Mirsadi Norman 0]

Hi, I have a question….
I’m here on a J1 visa and my DS-2019 form states there is a 2 year home country physical presence (section 212 E) ,however my visa in my passport states that “BEARER IS NOT SUBJECT TO SECTION 212 E TWO YEAR RULE DOES NOT APPLY.” which is correct my DS-2019 form or my actual visa in my passport?

 

I'm asking because my boyfriend and I plan on getting married once I have completed my J1 program, how would we go about getting all the paperwork sorted?, do we wait until I've completed my program or start now?

Also what all should we be applying for? 

Reply to this Comment

[Coco8 1,042]

First, I'd recommend trying to figure out if you are bearer of the HRR. Common causes for being bearer are (1) receiving government funding (either from your government or US government (2) being on the skill list of your country (is this a J1 for a Master?).

 

If you think the answer to the questions is "no", you have 2 routes to deal with this. Asking for an "advisory opinion" (they will tell you if you are subject or not) or just doing the "no objection" waiver directly. The issue is that both steps take almost the same time. If advisory opinion says "yes, you are subject" you have to go to the "no objection waiver". The real difference time-wise between the "advisory opinion" and the "no objection" waiver is that for the "no objection" waiver you need a letter from your embassy and some countries take a very long time to do that. 

 

A fast way of trying to get it sorted is e-mailing the embassy and seeing if/what they reply.  That way you can file for "advisory opinion" or a waiver depending on their answer. 

 

I remember seeing a couple of cases that had the same problem as you are having. I am waiting for the outcome of a J1 waiver right now (hopefully favorable because I had government funding, which is tricky). 

[Mirsadi Norman 0]

Coco8, thanks I just called my agent and she says that I'm not subject as the agency is a private company therefore I payed for the costs without government help/funding.(I'm on a j1 as an aupair)

How would I go about it now? Would my boyfriend have to file all the paperwork seeing as he is the USC in this case? Or would I have to do it? 

Edited April 9, 2017 by Mirsadi Norman

[Coco8 1,042]

13 minutes ago, Mirsadi Norman said:

Coco8, thanks I just called my agent and she says that I'm not subject as the agency is a private company therefore I payed for the costs without government help/funding.

 

Then, you need to ask for an "advisory opinion" on your case in order to get a formal letter from the Department of State saying that you are not subject. You will need this if you want to be a permanent resident. 

 

Here you are the instructions,

 

https://travel.state.gov/content/visas/en/general/advisory-opinions.html

 

You should ask the agency you mention for a formal letter about the "founding source" of the program -- basically, saying you paid for the costs of everything. Even though it is not mentioned on the list of documents you have to submit, you can add documentation and this particular seems very important. Otherwise, they might have to ask for the letter themselves and the process could take longer. 

 

13 minutes ago, Mirsadi Norman said:

Would my boyfriend have to file all the paperwork seeing as he is the USC in this case? Or would I have to do it? 

 

You are the one with the J1 so you have to fill the paperwork. According to the website it takes 6 weeks so you want to do this a.s.a.p.

 

57 minutes ago, Mirsadi Norman said:

I'm asking because my boyfriend and I plan on getting married once I have completed my J1 program, how would we go about getting all the paperwork sorted?, do we wait until I've completed my program or start now?

Also what all should we be applying for? 

Reply to this Comment

 

I don't know about the marriage thing. That is more complicated and you should post on the forums that are about that. The issue here is whether to get married before your J1 ends or after. As far as I know, if you marry while you are in the US you could change status and stay. If you leave the country, you have to get a K1 fiance visa (which takes 8 months or more) or file as a wife for permanent residency which takes more than a year. 

 

So post another question in the appropriate forum and use labels. A lot of people know about that here and should be able to help you.

Edited April 9, 2017 by Coco8