Waiver for "2-year rule"?

[USA-Turk 0]

Hi all,

After almost 2 months of gathering paperwork, I thought we were ready to mail our petition out this week. But then I found out we may have problems regarding the "2-year rule."

My Turkish fiance went to a Turkish university for undergrad, but did his final year at the Univ. of Texas in 2002-2003 as an exchange student on a J-1 visa. Then he went to Canada for 3 years to get his M.S. degree. He returned to Turkey last fall and is just now finishing up his mandatory military service. We were hoping he'd be able to come here on his K-1 visa around November.

Sansal's J-1 visa says "2 year rule applies." Originally, I thought the "2 year rule" meant he couldn't come back to the U.S. for 2 years after doing his exchange year. So he'd be fine. He left the U.S. 4 years ago and hasn't come back.

But I found out yesterday it means he has to return to Turkey for 2 years. He hasn't even been in Turkey for ONE year since being in the U.S., even counting vacations during grad school.

I heard there was some kind of waiver we can file so he can get his K-1 without staying in Turkey another 1+ years. Does anybody know how to file this or where to find out more about it? Have any of you had experience handling a "2-year rule" situation?

Thanks,

Sharon & Sansal

(No timeline, because we haven't filed yet)

[ladywhite 0]

Hi all,

After almost 2 months of gathering paperwork, I thought we were ready to mail our petition out this week. But then I found out we may have problems regarding the "2-year rule."

My Turkish fiance went to a Turkish university for undergrad, but did his final year at the Univ. of Texas in 2002-2003 as an exchange student on a J-1 visa. Then he went to Canada for 3 years to get his M.S. degree. He returned to Turkey last fall and is just now finishing up his mandatory military service. We were hoping he'd be able to come here on his K-1 visa around November.

Sansal's J-1 visa says "2 year rule applies." Originally, I thought the "2 year rule" meant he couldn't come back to the U.S. for 2 years after doing his exchange year. So he'd be fine. He left the U.S. 4 years ago and hasn't come back.

But I found out yesterday it means he has to return to Turkey for 2 years. He hasn't even been in Turkey for ONE year since being in the U.S., even counting vacations during grad school.

I heard there was some kind of waiver we can file so he can get his K-1 without staying in Turkey another 1+ years. Does anybody know how to file this or where to find out more about it? Have any of you had experience handling a "2-year rule" situation?

Thanks,

Sharon & Sansal

(No timeline, because we haven't filed yet)

USA-Turk:

this issue was discussed here a while back, have you done a search here to see where those thread are?

i am a former J-1 holder myself. to be brief first, i'd not do a waiver because it would probably take longer to get it (if you do) than the time your fiance has left to fulfill the 2 year rule. Plus, the process would be complicated involving a letter of no objection from whoever granted the scholarship. my fiance and i waited until i had about 4 months left on my '2 year rule' to file I-129f (check out my timeline). the point is that you would have to make sure that your interview at the embassy will be after the 2 year rule is up or the visa can't be granted.

hope this helps. Good luck.

[Minya's wife 25]

Hi all,

After almost 2 months of gathering paperwork, I thought we were ready to mail our petition out this week. But then I found out we may have problems regarding the "2-year rule."

My Turkish fiance went to a Turkish university for undergrad, but did his final year at the Univ. of Texas in 2002-2003 as an exchange student on a J-1 visa. Then he went to Canada for 3 years to get his M.S. degree. He returned to Turkey last fall and is just now finishing up his mandatory military service. We were hoping he'd be able to come here on his K-1 visa around November.

Sansal's J-1 visa says "2 year rule applies." Originally, I thought the "2 year rule" meant he couldn't come back to the U.S. for 2 years after doing his exchange year. So he'd be fine. He left the U.S. 4 years ago and hasn't come back.

But I found out yesterday it means he has to return to Turkey for 2 years. He hasn't even been in Turkey for ONE year since being in the U.S., even counting vacations during grad school.

I heard there was some kind of waiver we can file so he can get his K-1 without staying in Turkey another 1+ years. Does anybody know how to file this or where to find out more about it? Have any of you had experience handling a "2-year rule" situation?

Thanks,

Sharon & Sansal

(No timeline, because we haven't filed yet)

Unfortunately, it is true. The 2 year rule is otherwise called a 2 year "home" residency requirement, meaning that the J-1 visa holder, who has this restriction in their visa must return to the country they were residing in when they received said visa.

From this website:

Q: I received J-1 status while I was a citizen of Country A and instead of returning to Country A to fulfill the two-year foreign residency requirement I go to Country B and become a citizen there. Can I return to the U.S. with H status if I remain in Country B for at least two-years?

A: No. The two-year foreign residency requirement must be fulfilled in the country you were residing in at the time you received your J-1 status.

Example:

Sean is a citizen of China and received his J-1 visa while he was residing in China. After his J-1 status was expired, he had to go back to China to complete his two-year foreign residency requirement. Instead of going back to China, Sean went to Canada and became a Canadian citizen. After residing in Canada for two years, Sean wants to return to the U.S. with H status. However, Sean cannot return to the U.S. until he completes his two-year foreign residency requirement in China, since that is his country of permanent residence and was the country he resided in when he received his J-1 status.

Alternatively you may want to look in to obtaining a waiver. More info here:

http://www.hooyou.com/j-1/j1_waiver.html

Good luck!

-P

[ladywhite 0]

USA-Turk:

check out this thread:

http://www.visajourney.com/forums/index.ph...mp;#entry799429

[USA-Turk 0]

Hi everybody,

Thanks a lot for all the great answers and links! The links have answered my questions, so now we'll get working on that "No Objection" procedure at the State Dept. Just one more hoop to jump through for our K-1!

Thanks again,

Sharon & Sansal

[Jason-Sasha 1]

I just posted this in a very old thread, so not sure if anyone will read. My fiancee is from Russia. She received visas in 2005 and 2006 for working here in the States during the summers. She returned home last September. She had a J-1 visa. On her visas there are stamps that read....

Bearer is not subject to section 212 (E)

2 year rule does not apply Russia

I'm assuming this means that we don't have any worries about waiting for 2 years. I truly hope not, seeing as I've just received my NOA1 and gotten pretty excited about getting this visa for Sasha. If the 2 year rule doesn't apply for her, we should be ok, right?? And why do other J-1 visas from other countries require a 2 year wait? Strange. Anyway, hopefully someone can help me feel a bit better about this. What a bummer if we had to cancel this petition and wait another year!

[buffertortoise 0]

Hey everyone,

Could someone please confirm to me that the 2 year rule does not apply to someone who studied in the US on an F1 student visa from England? I'm almost certain that it does not but if someone could point me in the direction of some online information to confirm this that would be great.

I'm starting to panic a little!

Thanks!

Buffertortoise

[Jason-Sasha 1]

I know what you mean, Buffer. I'd really like someone to explain this whole 2 year rule thing. I searched but was unsuccessful. Why exactly does it exist? And how many people get burned during their process because of this??

Edited July 27, 2007 by Jason-Sasha

[Jason-Sasha 1]

I just found this explanation on this web page from the State dept. Still not sure "why" they have this rule, though. Unless its all in the name of National Security. Either way, I'm no longer concerned. Sasha's visa states that she is not subject to section 212(E).

http://travel.state.gov/visa/temp/info/info_1288.html

[buffertortoise 0]

Thanks for that info. From everything I have read this rule only applies to former J1 visa holders and not to former F1 visa holders. If that is the case then I am fine, I would just like some clarification, even though I have not seen anything about section 212(E) pertaining to an F1 visa either on any website or on my own visa documentation.

If anyone could clarify this for me I would be very grateful.

I'm glad to know that there is no cause for panic for you Jason-Sasha!

Buffertortoise

[Jason-Sasha 1]

Thanks, was panicing earlier though. Whew..

[buffertortoise 0]

Hooray!

I just found this thread:

http://www.visajourney.com/forums/index.php?showtopic=7181

So now I am 99.9% certain that I am fine. I just tend to panic a bit! I would still appreciate it if someone could fins an official website that states there is no 2 year rule for former F1 visa holders though!

Thanks,

buffertortoise

[Jason-Sasha 1]

Very cool, Buffertortoise! Glad to hear it. I think we are teaching each other a few things, lol. I've been the same as you, worried and researching, especially since I sent the petition a few weeks ago. It seems to only apply to certain J-1 visas. my girl had a J-1 visa but it wasn't for either governments' jobs, or funded by an international organization. I guess this is why she was not subject to 212(E). Working at an amusement park doesn't exactly qualify for medical training or government work, i guess.

[buffertortoise 0]

I just phoned the Embassy and it is only for certain J1 visa holders but never for F1 visa holders! woohoo!

[Minya's wife 25]

I just phoned the Embassy and it is only for certain J1 visa holders but never for F1 visa holders! woohoo!

Alternatively, you may want to look a the passport, and see if there is any fine print on the visa itself. If the bearer is subject to the "2 year" rule, it would be on the visa itself.

It looks like you're clear on this regard, but double-check anyways.

Good luck!

-P