Question on if I-612 form is needed for K1 Adjustment of Status

[kwoodruff 4]

My husband is submitting for an adjustment of status from a K1 visa. He entered the U.S. from the UK on April 26, 2019 on the K1 visa.

 

We are preparing his paperwork for the adjustment of status/green card and noticed on the USCIS website in the section where they have the checklist of documents required, it lists the I-612 as a required form if the green card applicant has held prior J1 visas.

 

Here's the excerpt from the website:

Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement).

 

My husband worked at a summer camp in New York State for 4 months (June - September) in 2013, 2014 and 2015. Each of those times he was issued a J1 visa from the U.S. government. He also received a U.S. social security number in 2013 when he applied for his first J1 visa.

 

My question is: In this situation - does he need to include the I-612 form as part of his adjustment of status packet/application? Or would just copies of the previous J1 visas and stamps in his passport showing he left the country when he was supposed to do the trick?

 

I read the instructions on the I-612 form and I'm still not clear on this.

 

Thank you!

[K1visaHopeful 2,878]

2015 was the last time he was in the US on his J1 Visa?

Did he over stay that Visa and not leave the US until he applied for AOS?

Or did he remain out if the US for 2 years after 2015? If so, he satisfied the 2 year requirement of being out of the US and does not need a waiver.

[kwoodruff 4]

5 minutes ago, K1visaHopeful said:

2015 was the last time he was in the US on his J1 Visa?

Did he over stay that Visa and not leave the US until he applied for AOS?

Or did he remain out if the US for 2 years after 2015? If so, he satisfied the 2 year requirement of being out of the US and does not need a waiver.

Thank you! Correct, he did not hold a J1 visa after 2015 and he returned to the UK before the required date all 3 years he held a J1 visa.

 

In between 2015 and 2019 he did travel to the U.S. to visit me, but he did not have any type of work or personal visa. He only stayed for 2.5 weeks max any time he traveled to see me in that time frame. He just had an ESTA for temporary travel. 

 

Does this information change anything?

[K1visaHopeful 2,878]

58 minutes ago, kwoodruff said:

Thank you! Correct, he did not hold a J1 visa after 2015 and he returned to the UK before the required date all 3 years he held a J1 visa.

 

In between 2015 and 2019 he did travel to the U.S. to visit me, but he did not have any type of work or personal visa. He only stayed for 2.5 weeks max any time he traveled to see me in that time frame. He just had an ESTA for temporary travel. 

 

Does this information change anything?

Nope. As long as he remained residing in his home country for 2 years, visits to the US are allowed. The time visiting in the US just wouldn't count towards the 2 year requirement but I'm sure that's negligible in his case as it's been so long.