Need help with an Advisory Opion

[davcrouse 0]

Hello Everyone,

My wife is in the U.S. on a J1 visa as an Au pair. We had her greencard interview on August 9th in Atlanta and the Interviewing officer gave us an RFE because neither her visa or 2019 indicated if she was or wasn't subject to the two year home residency requirment. After the interview we applied for an advisory opinion from the state department. We are starting to get concerned because our deadline to respond to the officer with evidence that she is not subject to the residency requirment is November 7th and we have not recieved an answer from the state department yet. According to the state department's website you are subject for the following reasons:

a. The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

b. The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country

c. The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

My wife's country (Moldova) isn't on the exchange visitor skills list, and she recieved no medical training during her stay here. Does anyone know if there is anyway to find out weather she recieved any funding from her home country or the us government without going through the state department?

[davcrouse 0]

Hello Everyone,

My wife is in the U.S. on a J1 visa as an Au pair. We had her greencard interview on August 9th in Atlanta and the Interviewing officer gave us an RFE because neither her visa or 2019 indicated if she was or wasn't subject to the two year home residency requirment. After the interview we applied for an advisory opinion from the state department. We are starting to get concerned because our deadline to respond to the officer with evidence that she is not subject to the residency requirment is November 7th and we have not recieved an answer from the state department yet. According to the state department's website you are subject for the following reasons:

a. The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

b. The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country

c. The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

My wife's country (Moldova) isn't on the exchange visitor skills list, and she recieved no medical training during her stay here. Does anyone know if there is anyway to find out weather she recieved any funding from her home country or the us government without going through the state department?

can anyone offer any advice?

[yassmine2878 1]

This is a tad out of my experience, but you might want to get your state representatives involved. Many folks here have gotten a good boost in their case by contacting senators and congressmen. Sometimes they can give just enough shove. Best of luck to you!