J1 filing I-30

R

RushTex

Registered Users (C)
Hi everyone,
I am USC and my wife is a former J1, she left US in March of 08 and resided in Canada for one year, she left Canada in June of 09 and now she is back in here home country.
1- Can I file for her I-30 now 7 months before her two years anniversary?
2- Does the one year i Canada counts towards her 2 years HR?
please give me some good news.:)
Thanks
 
RushTex said:
Hi everyone,
I am USC and my wife is a former J1, she left US in March of 08 and resided in Canada for one year, she left Canada in June of 09 and now she is back in here home country.
1- Can I file for her I-30 now 7 months before her two years anniversary?
2- Does the one year i Canada counts towards her 2 years HR?
please give me some good news.:)
Thanks
Click to expand...

Bad news: 2 year country is a physical residency in home country not any where else. If she left here home country for one week for example then the 2 year will be 2years plus one week and so on, anything else is not considered and just waste of time.
Good news: You can apply for the I30 any time before the end of the 2 year or even during the J visa itself or now
The point is that you can not apply for adjustment of status unless she finishs the 2 year in home country, not subject to the 2 year country or have waiver approved.
 
RushTex said:
Hi everyone,
I am USC and my wife is a former J1, she left US in March of 08 and resided in Canada for one year,

What was she doing in Canada? My visa officer told me that she heard
that if ex-J1 visa holder works for her home country governmental insutitution outside of her home country, the period can be counted for her
2 years requirement. To prove this, she has to get a letter from the
institution. But, my visa officer was not 100% sure about this.
She knew several ex-J1 visa holders were working for their embassy outside
of their home country to complete 2 years requirement.
Click to expand...
 
Thanks Kitten for your response. Canada was a job assignement not related to home government.
 
Quote:
Originally Posted by RushTex
Thanks for the response mmed. can a waiver be obtained while outside the country?
Thanks

mmed
Yes from anywhere.
Click to expand...

Do you have to apply through USCIS in America or can you do it through the US embassy in the respective country?

Also, if one does not have a copy of the DS-2019 (because she graduated about 3 years ago and misplaced it), how would she go about applying for the waiver?

Also, is there any expiration date for I-130 petition once it's approved (i.e. valid for only certain number of years etc)?It is because my wife hasn't fulfilled her 2 yr HRR and if the waiver doesn't work out, she may have to go back to her home country after I finish my study (which would be after about 3.5 years). So it would be about 5.5 years approximately before she would be able to complete the requirement, but we are thinking of filing I-130 here (abroad through Direct Consular Filing -DCF) as the process is much easier and faster.

Thank you greatly for the assistance.
 
Last edited by a moderator:
abu_maryam said:
Do you have to apply through USCIS in America or can you do it through the US embassy in the respective country?

Also, if one does not have a copy of the DS-2019 (because she graduated about 3 years ago and misplaced it), how would she go about applying for the waiver?

Also, is there any expiration date for I-130 petition once it's approved (i.e. valid for only certain number of years etc)?It is because my wife hasn't fulfilled her 2 yr HRR and if the waiver doesn't work out, she may have to go back to her home country after I finish my study (which would be after about 3.5 years). So it would be about 5.5 years approximately before she would be able to complete the requirement, but we are thinking of filing I-130 here (abroad through Direct Consular Filing -DCF) as the process is much easier and faster.

Thank you greatly for the assistance.
Click to expand...

DS-2019 copy is required for application and I am not aware of waiver from that.
You apply through the DOS in US and you send the letter through your country not trough the embassy
no expiration for I130 to the best of my knowledge
 
Proof

Hi mmed,
thank you for your great contributions. I finished my J1 program in Jan-2007 and since then I was back to my home country. due to nature my work as consultant I have a LOT of travel.
we have filed I-130 and got approved, and we are now at the NVC stage. in the D-230 there is a question about Home Residency Req. what proof will they ask for to show that I have completed my HRR?

I appreciate your reply.

Dalainovic
 
You must log in or register to reply here.
Top