J1 visa and marriage

[sorrayah]

hi guys,

i am aupair in the U.S. and i want to get married with my boyfriend who is US citizen. i am here on my J1 visa from Sep 06 2005 and have extended my stay.
in my passport is that 'BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY'. Does it mean that i am not subject of 2 year home return policy???
and can somebody describe whole marriage process to me??? i am searching for information in books and online, but i am getting just comfused and scary
help me please!

thanks
Sorrayah

 

[NewReadyToHelp]

The exact same question was asked Nov. 2004.

Read the detailed answer on:
http://answers.google.com/answers/threadview?id=434720

hi guys,

i am aupair in the U.S. and i want to get married with my boyfriend who is US citizen. i am here on my J1 visa from Sep 06 2005 and have extended my stay.
in my passport is that 'BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY'. Does it mean that i am not subject of 2 year home return policy???
and can somebody describe whole marriage process to me??? i am searching for information in books and online, but i am getting just comfused and scary
help me please!

thanks
Sorrayah

 

[NewReadyToHelp]

The exact same question was addressed on Nov. 2004 somewhere else.

Read the detailed answer on:
http://answers.google.com/answers/threadview?id=434720

The only difference is the note on your VISA. The default is all J1 are subject, even if the officer noted "Not subject..." since it is considered only an initial endorsement/opinion (needing further check). All Aupair visa holders should be subject to the rule irrespective of what is stated on the VISA stamp. You may consider requesting an "Advisory opinion" from DOS to be certain (6-week deal).

hi guys,

i am aupair in the U.S. and i want to get married with my boyfriend who is US citizen. i am here on my J1 visa from Sep 06 2005 and have extended my stay.
in my passport is that 'BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY'. Does it mean that i am not subject of 2 year home return policy???
and can somebody describe whole marriage process to me??? i am searching for information in books and online, but i am getting just comfused and scary
help me please!

thanks
Sorrayah

 

[LucyMO]

The default is all J1 are subject, even if the officer noted "Not subject..." All Aupair visa holders should be subject to the rule irrespective of what is stated on the VISA stamp.

that is not true. If the aupair is not sponsored by the US or her own government (which they never are), and if she is not doing her graduate medical studies (which she doesn't), and if aupair (nanny) skills are not on the skills list of her country (why would it be??? why would the US govt think that any other country needs more nannies and that they are scarce - some countries don't even have a skills list), then she is not a subject.


http://travel.state.gov/visa/temp/types/types_1267.html#12

Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.

 

[NewReadyToHelp]

I disagree, you're assuming things here and that is enough.

It is true not all J1 visa/programs are subject, but a priori all J1 visa are subject. In other words one has to show proof he's not subject (the stamp on the passport is not enough).
For example, show money source, nature of program, skill list, etc... And to do so the most sure way is to get an advisory opinion (official paper showing you're not subject).

I'm afraid it is not enough to assume.

that is not true. If the aupair is not sponsored by the US or her own government (which they never are), and if she is not doing her graduate medical studies (which she doesn't), and if aupair (nanny) skills are not on the skills list of her country (why would it be??? why would the US govt think that any other country needs more nannies and that they are scarce - some countries don't even have a skills list), then she is not a subject.


http://travel.state.gov/visa/temp/types/types_1267.html#12

Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.

 

[LucyMO]

For example, show money source, nature of program, skill list, etc...

all of that is listed on DS-2019, except for skills list which you can print from the DOS website.

The law doesn't say: you are a subject, unless you can prove that you don't have govt financing, skills list or medical graduate studies.

The law says: you are a subject if you have govt financing, your profession is listed under the skills list or you are participating in medical graduate studies or training.

There is a huge difference between these statements, and if you cannot see it, well, then I have nothing to add.

It is true not all J1 visa/programs are subject, but a priori all J1 visa are subject.

your logic makes no sense. You are saying: they are not all subject to HRR, but they are all subject to HRR.

 

[NewReadyToHelp]

Read what my post carefully again!
You're a bit agressive for this kind of forum, usually not the nature of Russians.

all of that is listed on DS-2019, except for skills list which you can print from the DOS website.

The law doesn't say: you are a subject, unless you can prove that you don't have govt financing, skills list or medical graduate studies.

The law says: you are a subject if you have govt financing, your profession is listed under the skills list or you are participating in medical graduate studies or training.

There is a huge difference between these statements, and if you cannot see it, well, then I have nothing to add.


your logic makes no sense. You are saying: they are not all subject to HRR, but they are all subject to HRR.

 

[NewReadyToHelp]

May be I need to explain what a priori means!
And may be you need to read carefully before you make these asinine comments.

You're an annoying Russian



you can print from the DOS website.

The law doesn't say: you are a subject, unless you can prove that you don't have govt financing, skills list or medical graduate studies.

The law says: you are a subject if you have govt financing, your profession is listed under the skills list or you are participating in medical graduate studies or training.

There is a huge difference between these statements, and if you cannot see it, well, then I have nothing to add.


your logic makes no sense. You are saying: they are not all subject to HRR, but they are all subject to HRR.[/QUOTE]

 

[LucyMO]

May be I need to explain what a priori means!
And may be you need to read carefully before you make these asinine comments.

You're a bit agressive for this kind of forum, usually not the nature of Russians.

You're an annoying Russian

let's not get personal. I have never called you aggresive, stupid or annoying.

P.S. I do know what "a priori" means. I still think that not every J-1 visa holder is automatically subject to 212(e), even if you personally think it's safe to assume that they all are.

 

[NewReadyToHelp]

OK,

Good we're civilized again...

A priori doesn't mean you're subject, it simply means, if one checks nothing further it is safe to assume (s) he is subject and has to either prove he's not or seek a waiver. For example consult the skil list, get an advisory opinion, etc..


The whole program (Exchange Visitor program) is built around that 2 yr HRR. That is, beneficiaries are supposed to learn skills, etc... here in the US and transfer them back to their countries. That is the spririt of the prorgam.

Finally I apologize if I went overboard, I honestly got anoyed by your comments. I felt you targeted and ridiculed my replies, so sorry again.

We're all trying to help each other her even if my reply sound or is wrong rest assured it based on something I learned, read, or an answr I got for a question.

let's not get personal. I have never called you aggresive, stupid or annoying.

P.S. I do know what "a priori" means. I still think that not every J-1 visa holder is automatically subject to 212(e), even if you personally think it's safe to assume that they all are.

 

[NewReadyToHelp]

OK,

Good we're civilized again...

A priori doesn't mean you're subject, it simply means, if one checks nothing further it is safe to assume (s) he is subject and has to either prove he's not or seek a waiver. For example consult the skill list, get an advisory opinion, etc..


The whole program (Exchange Visitor program) is built around that 2 yr HRR. That is, beneficiaries are supposed to learn skills, etc... here in the US and transfer them back to their countries. That is the spirit of the program.

Finally, I apologize if I went overboard, I honestly got annoyed by your comments. I felt you targeted and ridiculed my replies.

For that I apologize.


We're all trying to help each other her even if my reply sound or is wrong rest assured it based on something I learned, read, or an answer I got for a
question.

let's not get personal. I have never called you aggresive, stupid or annoying.

P.S. I do know what "a priori" means. I still think that not every J-1 visa holder is automatically subject to 212(e), even if you personally think it's safe to assume that they all are.

 

[LucyMO]

not every J-1 program targets getting new skills and sharing experience. There are a lot of subcategories that are not built around HRR, for example - au pair and Work and Travel programs. Those participating in au pair or W&T programs are never subject to HRR, and are not expected to spend two years in their home countries sharing the experience.

P.S. If somebody disagrees with your statements, it does not mean that they are uncivilized, aggresive, stupid, etc. It simply means that in the US everybody has the right to disagree and freely express their opinions. Otherwise, what would forums be here for?