I-485 + K1 + previous J1 two year rule

[martinianodl 2]

Hello everyone,

 

I am filling the form I-485 for my AOS but while reading the instructions I found on page 14:

Quote

13. Documentation Regarding J-1 or J-2 Exchange Visitor Status

If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available). You must also submit copies of all available J-1 or J-2 nonimmigrant visas issued to you, and copies of all available Form I-94 and passport pages with entry stamps showing your admission to the United States in J-1 or J-2 status. In addition, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form 1-485. You can show you complied with the requirement by submitting evidence to prove you resided in the appropriate home country for at least two years since your exchange visitor program ended. For information about waiver of the requirement, see the Instructions for Form 1-612, Application for Waiver of the Foreign Residence Requirement.

I was under a J1 visa (subjected to the two-year rule) from Mar 2014 to Aug 2015.

I went back to my home country and applied for the K1 visa. I was interviewed and approved in May 2017 but the US Embassy held my passport until I fulfill the two-year rule which was on September 2017. I received my K1 visa and I am already married in the US.

 

Do I need to prove again that I stayed in my home country for two years?

How can I prove that to USCIS?

 

Thanks in advance.

[montblanc 6]

On 10/25/2017 at 2:19 PM, martinianodl said:

Hello everyone,

 

I am filling the form I-485 for my AOS but while reading the instructions I found on page 14:

I was under a J1 visa (subjected to the two-year rule) from Mar 2014 to Aug 2015.

I went back to my home country and applied for the K1 visa. I was interviewed and approved in May 2017 but the US Embassy held my passport until I fulfill the two-year rule which was on September 2017. I received my K1 visa and I am already married in the US.

 

Do I need to prove again that I stayed in my home country for two years?

How can I prove that to USCIS?

 

Thanks in advance.

I would provide all the documents they ask for : copies of the J1 visa, I94 records which can be easily obtained from the I94 website with your passport number, and something to prove your residence outside of the US, etc. Probably an immigration record within your country(an I94 equivalent) with translations if not in english will do.

 

If you have any additional documents to attach to your I485, make sure to transcribe your A number (you can find this on your K1 NOA2), name & of course an explanation of what kind of an attachment it is. 

 

I remember having to tick whether yes or no in regards to having been issued a J visa (on the last view pages of questions along with those relating to crime and terrorism etc.) I also got a question during my AOS interview whether I had been issued a J1 visa before. 

 

[Elethiomel 86]

I wasn't sure when I filled out mine, I'd been issued two before on a summer work & travel dealio working at a campground and am pretty sure it wasn't subject to the two year rule.

 

I didn't have any copies of the DS-2019 though which I think is the only way to check if the two year rule applied since it wasn't printed on my visas. On the form itself I said I hadn't been subject to the two year rule but in the event I had ticked the two year home requirement rule since I'd complied with it theoretically on both, I appended an explanation of this to the more information section and emailed copies of my old J1s with entry stamps.

 

I'm guessing when my petition is adjudicated I'll find out whether that was sufficient in my case. I was in a tricky spot though as the UK doesn't have an equivalent to the I-94 site I can readily access.

 

Worst comes to worst though and they require records at my interview or as an RFE I'm guessing I can supply affidavits from people in the UK and college/employment records.