K1 with Previous J1 Visa

[pooj97 89]

My fiancé and I are waiting for his K1 interview at the Montreal Embassy. He was previously here on a J1 visa from September-December 2018 but hasn’t spent the entire 2 years in Canada due to him being a student in the UK from January-June 2019. We’re almost 100% sure he isn’t subject to the 2 year Home residency requirement because Canada isn’t on the skills list, he didn’t receive graduate medical training, and his program was 100% funded by his parents and it says “personal funding” on his DS-2019 which we plan to bring to the interview. Unfortunately he doesn’t have his J1 visa because the consular officers at the border took his visa (apparently that’s what they do with Canadians) and his DS-2019 isn’t marked either. I’m still very paranoid that he’ll be denied due to the 2 year rule and was wondering when in the K1 process they look at that? Do they look at the K1 interview or during adjustment of status? I’ve heard different things about when they would check? And how would they check? Do they have a copy of his J1 visa? Will they ask for his DS-2019 and make a determination there? What if his J1 visa wrongly states he’s subject as what I’ve seen with many people? How could they make a determination based on that?

[payxibka 10,047]

15 hours ago, pooj97 said:

My fiancé and I are waiting for his K1 interview at the Montreal Embassy. He was previously here on a J1 visa from September-December 2018 but hasn’t spent the entire 2 years in Canada due to him being a student in the UK from January-June 2019. We’re almost 100% sure he isn’t subject to the 2 year Home residency requirement because Canada isn’t on the skills list, he didn’t receive graduate medical training, and his program was 100% funded by his parents and it says “personal funding” on his DS-2019 which we plan to bring to the interview. Unfortunately he doesn’t have his J1 visa because the consular officers at the border took his visa (apparently that’s what they do with Canadians) and his DS-2019 isn’t marked either. I’m still very paranoid that he’ll be denied due to the 2 year rule and was wondering when in the K1 process they look at that? Do they look at the K1 interview or during adjustment of status? I’ve heard different things about when they would check? And how would they check? Do they have a copy of his J1 visa? Will they ask for his DS-2019 and make a determination there? What if his J1 visa wrongly states he’s subject as what I’ve seen with many people? How could they make a determination based on that?

What was the purpose of the J1?

[Just Paul 4,595]

15 hours ago, pooj97 said:

Do they have a copy of his J1 visa?

Yes.  They have a record of the endorsement.

[pooj97 89]

16 minutes ago, payxibka said:

What was the purpose of the J1?

University exchange program that was personally funded

13 minutes ago, Paul & Mary said:

Yes.  They have a record of the endorsement.

What if the endorsement is wrong like it has been for many others?

[Just Paul 4,595]

2 minutes ago, pooj97 said:

What if the endorsement is wrong like it has been for many others?

Then he has to get it fixed.  Much easier to do when it was issued.

 

Exchange programs are not necessarily exempt from Home Residency.  It was hopefully clear when applied for the program.

[Just Paul 4,595]

6 minutes ago, pooj97 said:

What if the endorsement is wrong like it has been for many others?

What was on the DS-2019?

[pooj97 89]

2 minutes ago, Paul & Mary said:

Then he has to get it fixed.  Much easier to do when it was issued.

 

Exchange programs are not necessarily exempt from Home Residency.  It was hopefully clear when applied for the program.

That’s the problem. For Canadian citizens, they take the visa during entry for J1 visa so we don’t have the visa. His DS 2019 also does not have anything ticked for whether or not he is subject

to the 2 year rule. In the source of funding box however, it says “personal funding” and nowhere does it say government funding as there was no government financing involved. I’m just afraid they might subject him to the 2 year rule even when no govt financing was involved

[payxibka 10,047]

Just now, pooj97 said:

That’s the problem. For Canadian citizens, they take the visa during entry for J1 visa so we don’t have the visa. His DS 2019 also does not have anything ticked for whether or not he is subject

to the 2 year rule. In the source of funding box however, it says “personal funding” and nowhere does it say government funding as there was no government financing involved. I’m just afraid they might subject him to the 2 year rule even when no govt financing was involved

how did they take the visa?  Do they remove a page from the passport?

[pooj97 89]

Just now, payxibka said:

how did they take the visa?  Do they remove a page from the passport?

Yes they took the visa page from the passport. 

[Mollie09 1,543]

4 hours ago, pooj97 said:

Yes they took the visa page from the passport. 

That seems extremely unlikely, as mutilating a passport renders it unusable. So US immigration ripped out a passport page from a Canadian passport? What happened to his passport after it was mutilated?

Edited September 22, 2020 by Mollie09

[pooj97 89]

4 minutes ago, Mollie09 said:

That seems extremely unlikely, as mutilating a passport renders it unusable. So US immigration ripped out a passport page from a Canadian passport? What happened to his passport after it was mutilated?

Okay I was mistaken. They didn’t take the visa page but canadian citizens entering with J1 do not get a visa page at all. See this link: 

 

https://www.ecfmg.org/evsp/j1-canadian-citizens.pdf
 

this is why we’re confused and wanted to know if “personal funding” meant no govt funds were involved