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pooj97

Question about the Two-Year Residency Requirement?

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Filed: K-1 Visa Country: Canada
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Hi everyone, me and my fiance are currently in the process of the K1 visa and got our NOA2 approval in April. We are now waiting for the Montreal embassy to reopen for interviews. My fiance previously stayed in the US for 3 months at on a J1 visa university exchange program back in fall 2018. He paid tuition fees directly to his host university. We are unsure if the 2 year Home Residency Requirement applies to him. Since he is a Canadian citizen, they do not get the J1 form on their passport because Border Patrol takes it. His DS-2019 has a program number that starts with P, it also says he got all his funding from personal funds, and it doesn't have a checkmark in the area where they tell you if you are subject or not. Would the fact that his DS-2019 says personal funds be proof enough that he isn't subject to the 2 year rule? If we seek an advisory opinion, is this all they look at - the DS-2019 form? How else would they know what type of funds he used? If it does end up that he is subject to the 2 year rule, when would we find out? During the interview or the Adjustment of Status phase? Please help as this is really worrying me. Thank you.

Edited by pooj97
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