TowerTriple
New Member
Hi all,
We have an approved I-140 petition NIW and are applying for the adjustment of status (I-485 with I-131 and I-765). My husband is the primary beneficiary. He is Canadian citizen and does therefore not have a visa in his passport.
We're now on H1-B and H4 status, before we have been on J-1 and J-2, respectively.
Now my questions:
1. His J-1 is not subject to 212(e) Two-Year Foreign Residency Rule, but this is not clearly stated in his DS-2019 documents (that part is left blank). Since he does not need visa, it's also not stated in the passport visa. The only places are my old J-2 visas (I am German citizen and it reads in my passport: PA: name name, Bearer is not subject to Section 212(e)). Will that be enough to prove that he is not subject to 212(e)? If not, how do I prove it?
2. He does not have an entry stamp in his passport for one arrival into the US through MON (I assume this is Montreal, since he traveled to Canada. I also do not have that particular I-94. Will that be an issue? The stamp does simply not exist.
I have all his DS2019s but also not all I-94s, two more are not availabe because we didn't download them at the time (but of course the latest). The website states that the travel history is "[]...not an official record for legal purposes."
3. I also did not get a stamp on my last arrival in 2020, but I do have the latest I-94 for this travel. Will that be sufficient?
Thank you!
We have an approved I-140 petition NIW and are applying for the adjustment of status (I-485 with I-131 and I-765). My husband is the primary beneficiary. He is Canadian citizen and does therefore not have a visa in his passport.
We're now on H1-B and H4 status, before we have been on J-1 and J-2, respectively.
Now my questions:
1. His J-1 is not subject to 212(e) Two-Year Foreign Residency Rule, but this is not clearly stated in his DS-2019 documents (that part is left blank). Since he does not need visa, it's also not stated in the passport visa. The only places are my old J-2 visas (I am German citizen and it reads in my passport: PA: name name, Bearer is not subject to Section 212(e)). Will that be enough to prove that he is not subject to 212(e)? If not, how do I prove it?
2. He does not have an entry stamp in his passport for one arrival into the US through MON (I assume this is Montreal, since he traveled to Canada. I also do not have that particular I-94. Will that be an issue? The stamp does simply not exist.
I have all his DS2019s but also not all I-94s, two more are not availabe because we didn't download them at the time (but of course the latest). The website states that the travel history is "[]...not an official record for legal purposes."
3. I also did not get a stamp on my last arrival in 2020, but I do have the latest I-94 for this travel. Will that be sufficient?
Thank you!
