J-1 Two Year Requirement - is 728/730 days suffiecient? (99% of two years)

[EM_Vandaveer 2,408]

20 minutes ago, soccerguy845 said:

Great info. These were the specific dates that we have documented:

 

12/15/2015 left US to go home

9/8/2016 arrived in US

9/29/2016 left the US

3/28/2017 arrived in the US

6/6/2017 left the US

12/29/2017 arrived in the US

6/27/2018 left the US

9/10/2018 arrived in the US on K-1

 

IF I include all of these dates I get 732 days. If I include only arrivals or departures the sum is 728. With neither it’s 724.

You are OK, then. Partial days count....

[geowrian 22,338]

Agreed...partial days should be fine to be included.

[soccerguy845 3]

15 minutes ago, EM_Vandaveer said:

You are OK, then. Partial days count....

 

13 minutes ago, geowrian said:

Agreed...partial days should be fine to be included.

 

I read the contrary, that even one minute in the US negates that day. Do you have a reference that states I can count partial days ? 

[geowrian 22,338]

I have not seen it specifically as it applies to the 2YHRR, but for other purposes they have included the date of departure and arrival.

 

For instance, with naturalization: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

Quote

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.

 

DHS also counts the date of arrival and date of departure when considering how long to grant status for and for overstays.

[soccerguy845 3]

1 hour ago, geowrian said:

I have not seen it specifically as it applies to the 2YHRR, but for other purposes they have included the date of departure and arrival.

 

For instance, with naturalization: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

 

DHS also counts the date of arrival and date of departure when considering how long to grant status for and for overstays.

 

I appreciate the links. Will do more digging on that see if I can understand the wording of the law better specifically for the 2yhrr of j1.

[SalishSea 18,074]

13 hours ago, soccerguy845 said:

Unfortunately Not. It specifically states that it is not valid for re-entry. 

You didn’t apply for both at the same time!?  

[soccerguy845 3]

23 minutes ago, Jorgedig said:

You didn’t apply for both at the same time!?  

Unfortunately we were unaware of this option since we followed a guide that didn’t mention it. Now hearing about it I’m not sure how we missed it, we must have just been overwhelmed with everything else. Live and learn I guess. 

[Chewbacca 18]

I had a similar experience, however I was applying for a CR1 visa and it was denied during interview because even though I had returned back to my home country more than 2 years before the interview, I took several trips to the US to visit my husband and abroad on vacation. The CO gave me the option to sit and wait until the 730 days were completed or to apply for a waiver. I chose the first option. 

 

I did not have to show up for a interview again. When the 730 day period was completed, I sent my passport and a document from the federal police to show all the days that I entered and left my home country since I left the US after my studies. You should try to obtain similar document from your home country. Or if she only traveled to the USA, I would obtain her I-94 travel history online and attach the plane tickets as well. 

 

I think 2 days won't be a problem. In my case I had way more than that. I would send all the evidence and let them make the decision before leaving the country and applying for another visa. 

 

 

[soccerguy845 3]

13 minutes ago, Chewbacca said:

I had a similar experience, however I was applying for a CR1 visa and it was denied during interview because even though I had returned back to my home country more than 2 years before the interview, I took several trips to the US to visit my husband and abroad on vacation. The CO gave me the option to sit and wait until the 730 days were completed or to apply for a waiver. I chose the first option. 

 

I did not have to show up for a interview again. When the 730 day period was completed, I sent my passport and a document from the federal police to show all the days that I entered and left my home country since I left the US after my studies. You should try to obtain similar document from your home country. Or if she only traveled to the USA, I would obtain her I-94 travel history online and attach the plane tickets as well. 

 

I think 2 days won't be a problem. In my case I had way more than that. I would send all the evidence and let them make the decision before leaving the country and applying for another visa. 

 

 

Nice to hear that others have faced similar issues. So you happened to already be in your home country? Unfortunately if she leaves the country we would be forfeiting the application. But I have been thinking the same that we should just let them make the decision based on evidence we provide them.

[DrEllaNJ 288]

1 minute ago, soccerguy845 said:

Nice to hear that others have faced similar issues. So you happened to already be in your home country? Unfortunately if she leaves the country we would be forfeiting the application. But I have been thinking the same that we should just let them make the decision based on evidence we provide them.

I wonder if you can apply for I-131 now? it'd still be $0 since based on pending AOS. Not sure if that would be granted or even be useful but maybe?

[soccerguy845 3]

1 hour ago, DrEllaNJ said:

I wonder if you can apply for I-131 now? it'd still be $0 since based on pending AOS. Not sure if that would be granted or even be useful but maybe?

That’s a good idea. We will do that since i don’t see how it can hurt currently, it may prove to be helpful in the future. Thanks!

[geowrian 22,338]

1 hour ago, DrEllaNJ said:

I wonder if you can apply for I-131 now? it'd still be $0 since based on pending AOS. Not sure if that would be granted or even be useful but maybe?

Yes they can, although I'm assuming it won't be issued before they make a decision (I'm presuming they got an RFE adter the interview to submit the evidence).

[soccerguy845 3]

1 minute ago, geowrian said:

Yes they can, although I'm assuming it won't be issued before they make a decision (I'm presuming they got an RFE adter the interview to submit the evidence).

This is true and I’m aware.. our deadline to return evidence is in November so likely it wouldn’t be completed by then. However, if somehow our time gets extended or a cover letter can help expedite the I-131 it may he worth doing since we are feeling desperate anyway.

[geowrian 22,338]

8 minutes ago, soccerguy845 said:

This is true and I’m aware.. our deadline to return evidence is in November so likely it wouldn’t be completed by then. However, if somehow our time gets extended or a cover letter can help expedite the I-131 it may he worth doing since we are feeling desperate anyway.

It's worth a shot, I agree.

[Chewbacca 18]

8 hours ago, soccerguy845 said:

Nice to hear that others have faced similar issues. So you happened to already be in your home country? Unfortunately if she leaves the country we would be forfeiting the application. But I have been thinking the same that we should just let them make the decision based on evidence we provide them.

Yes, I was already in my home country. I came to the USA with a visitor visa, got married and returned home to apply for the CR1 visa.

 

I think few days won't be an issue, but I would apply for AP as others suggested just in case. Good luck!