CR1/IR1 Subject to 212(e) HRR

[Anne Meaux 1]

Hello everyone. Can someone please help me? I am a former J1 exchange teacher who is subject to 212(e) HRR. I got married in the US and gave birth while I was there and came back to my home country with my baby to serve the 2 year residency rule. We got here April 28, 2023 and we filed our i-130 June 17, 2023. Right now the case status says there is one week left before the case decision. I went to review the DS260 ahead of time while waiting for USCIS approval and there’s a question that states, “are you a former exchange visitor (j) who has not yet fulfilled the two-year residence requirement?” Of course I’ll have to answer YES but I’m worried if it’s going to affect the case decision while the paperwork is being reviewed by NVC. Any advice on the matter? I still have another year before I can fully comply the HRR but the waiting time for consular interview here in my country’s embassy would be around that time too. Please advice. Thank you

[powerpuff 6,697]

*** Topic moved from Progress Reports to Process & Procedures ***

[milimelo 4,477]

Delay submissions to NVC until you're within 5-6 months out from finalizing the 2-yr requirement. They will not issue an immigrant visa until 2-yr HRR has been completed.

[Anne Meaux 1]

2 minutes ago, milimelo said:

Delay submissions to NVC until you're within 5-6 months out from finalizing the 2-yr requirement. They will not issue an immigrant visa until 2-yr HRR has been completed.

Thank you for this. Do you have any idea if NVC will still accept, DQ and forward the docs to the Consular even if I answer YES to the question? Or they will reject it automatically? 

[Dashinka 24,493]

19 minutes ago, Anne Meaux said:

Thank you for this. Do you have any idea if NVC will still accept, DQ and forward the docs to the Consular even if I answer YES to the question? Or they will reject it automatically? 

I don't know for certain, but NVC is more of a clearing house to make sure the required documents are uploaded, it does not make decisions of visa eligibility.  I agree with @milimelo, once the case gets to NVC, you can delay it indefinitely as long as you make contact (such as accessing your case) at least once every 12 months, so wait until you are close to fulfilling the HRR before proceeding, and the consulate will make the final decision.

 

Good Luck!

[Anne Meaux 1]

3 hours ago, Dashinka said:

I don't know for certain, but NVC is more of a clearing house to make sure the required documents are uploaded, it does not make decisions of visa eligibility.  I agree with @milimelo, once the case gets to NVC, you can delay it indefinitely as long as you make contact (such as accessing your case) at least once every 12 months, so wait until you are close to fulfilling the HRR before proceeding, and the consulate will make the final decision.

 

Good Luck!

Oh thank you so much. Y’all are so helpful! We will wait until then. I’ve always thought that there’s a deadline in submitting DS260 (like you have to submit immediately) after you receive log ins for CEAC. Thank you. We will do that

[Zongkeh 2]

Hi, 

same thing here , I got DQ’ed even after answering yes. I still had 6 months left to finish my residency requirement. I only got scheduled after it was over, so yes, you can’t be issued a visa without completing your time . 

[Anne Meaux 1]

1 hour ago, Zongkeh said:

Hi, 

same thing here , I got DQ’ed even after answering yes. I still had 6 months left to finish my residency requirement. I only got scheduled after it was over, so yes, you can’t be issued a visa without completing your time . 

Hello. I am from the Philippines and getting IL after being DQ’ed will take 9-12months. So I guess I’ll proceed accordingly given the timeline. Thank you.