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J-1 visa, 2 year rule: How does USCIS calculate 2 years?

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  • J-1 visa, 2 year rule: How does USCIS calculate 2 years?

    Hello,
    I got married to the USA citizen while I was in the US on a J-1 visa in 2005. I was subject to the 2 year rule and filed out paperwork to apply for the waiver and at the same time my husband filed out paperwork for me and I applied for the adjustment of status in the US. The waiver was not granted and my petition was denied. I left the USA in October 2005 while the paperwork was still in progress to stay in my home country but i came back twice for fingerprinting and the interview.

    My question is:
    1) How does the USCIS calculate the 2 years that I have to live in my country of residency? Do my short visits count as my being in the States? What proof do I need to submit to show that I did stay in my home country (if any)?
    2) When do we (my husband and I) resume the process and what do we need to do?

    Thank you for your answer.

  • #2
    re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

    Your time in the US does not count toward the two-year requirement. You should keep documentation of your trips to the US, such as airplane tickets and, of course, copies of entry and exit stamps in your passport, in order to establish the precise dates you were here.

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    • #3
      can u help me

      hi my name is sadia i have come in usa in august 2007 on j-1 visa (2 years rules applies )(i have one year visa) as Montessori teacher i m working on this visa can i get married with green card holder boy or i can only get married with citizen bcoz i dont want to go back from here and want to get married as soon as possible please tell me what to do and how to do ??? my visa is going to be finished in july 4,2009 i m worry about it please let me know if u know somthing..my e mail address is [email protected] cell no 703-622-9203

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      • #4
        re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

        Hi Saida,
        from what I read, you are working for a MOntessori school...do you have any government funding? The 2 year rule only applies for 2 reasons:
        1. If your job is funded by the federal government or your government.
        2. if your government has a Skills list published by the US Department of State (usually this means your country believes your skills are so valuable, they want you to come back).

        First, I would check the Skills list to see if your country is listed. If not, then talk to a lawyer about changing the 2 year rule. It's a waiver, and it costs about $545.

        Actually, when I applied to work as an International teacher, they made a mistake and placed me on the 2 year rule...thankfully I had a lawyer who fixed all of that. Sometimes officers make a mistake...check up on it. I had a similar job to yours, and I was not subject to the two year rule

        Good luck!

        Comment


        • #5
          re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

          My girlfriend is here on j1 visa (2 year) she had 8 months left on her visa. but she got fired from her job and the employer asked her to go back to her country now. So she lost her visa. we are getting married and hired a lawyer and we are going through the green card prosses. My question is will she get deported when she gos for the temp green cars interview.

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          • #6
            re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

            Hi, my name is Guilherme, and I have a doubt. I got my J1 visa, and the two year rule is applied. My visa expires on DEC 15, 2010. So, can I get another visa on 2011, for example? If I travel to Netherland, or France, will I have to stay in Brazil in order for me to compensate this travels?

            Thanks

            Comment


            • #7
              Re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

              the 2 year rule is from the country that issued the visa, not the united states. the US has no say in this matter. you must apply with the country that issued the visa not america.my lawyer told me never marry someone with this restriction because we cant do anything about it. be careful because US lawyers will say they can have it removed, but they will only take your money and say " sorry " when they cant do anything about it. you can do it yourself by writing to the country of origin. you dont need a lawyer

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              • #8
                Re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

                halo,
                i was in usa last 5 month and i have j1 visa 2 years rule does apply,and know if i can go in this 2 year to usa or i have to ask new one
                i need answer as sooooooooon please

                Comment


                • #9
                  Re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

                  Hi moroccomall,

                  I recommend you to check with your J1 program visa officers. Thet are th ebest resorce for you. If they are no available to you, see immigration lawyer who has experience in J1 2YHRR. Immigration lawyer often offers 30minuts counltation for $50-100.

                  My friends who subject to 2YHRR visited US many times after the end of their J1 program and before their completing of 2YHRR. Their home country have visa waiver program with US so they can travel to US without any visa. If your country does not have this kind of program with US, you need some kind of visa to travel to US.

                  You may be able to get some kind of visa but I do not know if you can get new J1 visa. There is some regulation on getting new J1 visa after completing a J1 visa.

                  Comment


                  • #10
                    Re: J-1 visa, 2 year rule: How does USCIS calculate 2 years?

                    My child is a minor and a US citizen through her father but she resides with me in the UK
                    Who I am no longer in a relationship with. I have a B1/B2 visa but want my daughter to move to America permanently to be near her father. What are my options if any for residing in US.

                    Comment

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