J1 visa 2hrr DS-2019 and visa

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Jenny2005

Registered Users (C)
Different mark between J1 visa and DS-2019 regarding 2hrr

Hello,
I was participated work&travel in2004.
Now, I am getting married my U.S citizen fiance.

The problem is that..
On my DS-2019 it is marked that I am NOT subject to 2hrr. On the other hand, on my visa, it is marked that I am subjec to 2hrr.
What can I do? my 2hrr will be done on this Dec.

I already sent advisory opioion a month ago. I don't know how long it will take. If I don't get married him this summer, I have to be apart wtih him for long time.

I didnt receive any goverment funding, I worked as a cashier with only basic skills. Which one is correct? Do you think I will be ok to process my marriage visa this summer?

Please advice... I am totally totally torn.....please help me....
 
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I had the same thing happen to me the last time I renewed my visa. The visa officer wrote on my DS-2019 that I was not subject to the 2-year HRR, but my visa stamp stated that I was. In my case it was obvious that the information on the DS-2019 was incorrect because I came to the U.S. as a Fulbright Fellow, so I was subject to the rule. I am not willing to generalized my experience to your case, but you should prepare yourself for the possibility that you are subject to the 2-year HRR. You could submit a waiver application (No Objection, would seem most appropriate in your case) before you get the result from the advisory opinion if you feel that you are running out of time.
 
Jenny,

U should get advisory opinion by this summer. And if it says that u r subject, u can try to get a waiver, which of course you can start the process now. But why waste money to go through waiver process when you might not even subject. I think your case is similar to mine. I don't believe that I'm subject and so are you. My lawyer didn't recommend me to do the waiver process now until I get the result. But anyway, it's up to your feeling and what you believe. Are you leaning toward being subject or not subject?

And let's say that you are subject in any case and have to go through the process of waiver which can take up to 3-4 months, you can still be in the country and wait for the result and then file I-485. By law (as my lawyer told me), if your AOS is based on marriage, you can file the paper work even though you are out of status but you must do it within 180 days of your visa expiration (after that u'll be bar for 10 years). Anyway, I'm still new to this info and I recommend you look into it yourself as well because I could be wrong. As for me I'm out of status for about 3 months now (my F expired in Dec 05). I was surprise by that as well because I thought that I would become out of status after the day that they denied my AOS (March 2). But I was told that if the CIS deny your AOS, they look back how long ago your valid visa expires and start to count the out of status since then.

How long do you have before your visa run out?
 
Thaiangle,

I am definately thinking that I am not subject to this rule.
I really hate this situation. I am really torn. Dang!!!

I am already in my country, South Korea, and this is about 2004 and my 2 year will be done this Dec. However, i need to figure out as soon as possible if I am subject or not, because I am getting married this June to my U.S citizen fiance.

Does your DS-2019 and visa both say that you are suject to 2hrr?
Are you still in the U.S?

If these two things doesn't match, i think you have a big possibility that you are not subject to, either.

Damn.. what a complex law..
 
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I found the mentioning of 180 days on page 6 of the instructions for form I-485, so thaiangle's advice apears valid. This should mean that you could safely wait for the advisory opinion before you submit a waiver application. You may want to check with an immigration lawyer just to be sure, but it does seem as if you are in a fairly good position, even if you happen to be subject to the 2-year HRR.
 
Jenny,

>>>Does your DS-2019 and visa both say that you are suject to 2hrr?
Are you still in the U.S?

My DS-2019 and passport both said that I'm subject based on skill list. However, I believe that it's a mistake because I didn't receive any training or enrolled in a marticulated program while I was an au pair. Plus it's evidence that other au pair in from my country are not subject.

>>>>I am already in my country, South Korea, and this is about 2004 and my 2 year will be done this Dec. However, i need to figure out as soon as possible if I am subject or not, because I am getting married this June to my U.S citizen fiance.

So, u are getting married in your country and then plan to come back with your finace? Is that what you are thinking of doing?

How do you plan to come back? Have your finace file any petition for you yet?
 
That is so weired that they both say you are subjec to 2hrr. that is crazy.
I don't think you will be subject to this rule unless you have a special skill.


Yes. we will get married this June, and will submet pettition.
And I will get a marriage visa (CR-1)
That is what I am planning now.
 
Hi Jenny,

Is your fiance is the U.S. now? Also have u looked into petition for fiance at all? I don't know how long it would take you to get a visa in your country. In Thailand, let's say if you start the process in June, it could take about 4-6 months before you can get a spouse visa. By then your 2 years HRR will be almost complete or already complete anyway. As what I know, you can get a visa only when your petition is approved...which can take at least 6 weeks or as long as couple months. If you try to get fiance visa to come in the U.S., your boyfriend can file a petition for you now so you don't lose time. And if u r not really subject for 2 years HRR, u can apply for a fiance visa and come to the U.S. with him right after u get married in June as long as your petition is approved. Then you just adjust your status when you are in the U.S. but you have to do that within 90 days of your arrival. Do check how long it would take u to get a spouse visa in your country. ...because if you want to come back to the U.S. as soon as possible after your wedding, fiance visa might be a better choice because you can start the process now. That's what I think but again, it depends how you feel and what works best for you. Good luck.
 
thanks , thaiangle

Thanks thaiangel.
I really aprriciate all your help.
I will let you know my updated advisory opinion status.
Let's keep in touch.
I bet you will be ok as well.
 
All of my clients that have come into the U.S. on a J-1 work/study visa have NOT been subject to the 2-year home residency requirement. However, those that came for an 18-month training program and whose country and industry falls on the skills list (http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf) have been subject to the 2-year HRR. From my experience, it sounds as though you are not subject to HRR.

As far as your marriage is concerned, I agree with thaiangel. It is usually quicker and easier to obtain a fiancee visa and marry in the U.S. If you are okay with getting married in the U.S. within the first couple months you arrive, I would recommend this route. It will be easier in the long run to obtain a work permit and travel documents. (info@thevisaexpert.com)
 
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