Need help to determine how much time is left to serve J-1 2 year HRR...

[MPGGPM]

Hi,

I decided to write to this forum, since my wife and I are confused about how
we can determine the amount of time remaining to serve her 2 years for her requirement. We decided due to several factors NOT to apply for a waiver and will rather, fulfill the 2 years. I am a US citizen, she is not.

The confusion arises due to this.

She left the USA PRIOR to finishing her PHD. Also, a further complication arised because her University had messed up her paperwork. Because of this, her university mistakenly cut her scholarship off around the year 1997 . After a year, in 1998 the scholarship started again but then ended again in August 1999 for good. So her scholarship to continue her PHD ended entirely in 1999, several years ago.

This was a mistake by her University, since she was NOT done with her PHD. However regardless of their mistake, they did NOT continue her scholarship.
They only accepted and admitted to their error, and made a compromise with her that she could remain in the US , but she would have to work and pay the rest of her way, which is what she did for about the last 2-3 years.
She was able to extend her DS-2019 and remain. I met her toward the end of this process, while she was still in the USA. We married and have been so for a year and a half.

She left the USA, in March, before her PHD was done as mentioned. She is now back in her home country ......about 5 months now. She is also working for the University that sponsored her.

What we are trying to figure out .................even if she did NOT finish her PHD, will the time spent in her home country count now? What does it mean when I read "finish with J-1 program" in replies to other posts on this forum? Is her J-1 program over when she graduates? Or is it over when her school's scholarship has been cut?

Will it affect her time, if she continues to work on her PHD.....but WITHOUT funding from her school..............but from our own pocket?

We are just confused by all this, and are trying to determine WHEN the 2 years will begin?

Also, will a trip she took to her home country when her scholarship was cut off...........in between when they cut it off in 1997....and started it again...in 1998, count toward the 2 years? It was for approximately 2 months.

As you can see, her situation is a bit complex, and we mostly want to make sure the time she has spent in her country since March...will count, even though she did not finish her PHD. We do not want to find out 2 years from now, that her time away, did not count. Is there a form to fill out or to sign to signify you are ending your "J-1 program"? How do we know which time in her home country counts, and which time does not?
We also would like to find out how to determine which trips she took previously, in earlier years, will count toward the 2 year HRR. If the trip she took for 2 months , 6 years ago does not count, how can we be positive that her time served now, the 5 months since March , in her home country , WILL count? What is the criteria the US government uses to determine what time counts toward the HRR.....and what time does not?

As soon as her 2 years has been fulfilled, I will file the necessary immigration papers so that she can return to the USA, and become a citizen. But we are both confused by how to prove her 2 years time there.

A lot of questions to find the answers to, but I would much appreciate any time and responses I can get.

Thanks

 

[Streamflow]

HRR accumulated by parts

First, are you sure that she is a subject to INA 212(e) 2Y HRR? Why? Second, are all her J-1 visits (two?) associated with 2Y HRR? Certainly, time from March (2005?) is counted toward 2Y HRR since she is out of USA and doesn’t hold J-1 status. Two months in 1997 also may be counted toward if her second visit was not associated with 212(e). Please also read our discussion about HRR accumulated by parts in the thread http://boards.immigration.com/showthread.php?t=183238.

 

[MPGGPM]

Hi,

Thanks for the reply and help. I know she is subject to the 2 year because that is what is stamped on her passport. She also studied in the US with quite a bit of government funding. Those 2 together make us feel confident that she is.

I am HOPING time from March 2005 until now, will count to the 2 years, however, the information on how to determine what time counts, WHEN it counts, and why.............is very limited or vague. The other visits she made to her country were visitations, however, there is nothing we have done differently since March, that she didn't do back then, other than to say..."now we are serving time for the 2 years".

I just am confused as to what determine when someone is "done with their J-1 program". Is it when they graduate? (what happens if they didn't, such as my wife's case that she did not complete her PHD). Is it when the scholarship ends? Is it when we just "decide" that we are starting the J-1 residency requirement?

The rules on this issue are very vague...............

I think it is a "cut and dry" situation, when someone graduates and completes the degree they are seeking. But it is the rules governing the other cirumstances, such as what we now find ourselves in, with my wife...........that are very confusing.

I still have not found a concrete answer to this question.

 

[Streamflow]

2y Hrr

You can find an answer in the following official documents:

http://exchanges.state.gov/education/jexchanges/about/22CFR62.pdf
Home-country physical presence requirement means the requirement that an exchange visitor who is within the purview of section 212(e) of the Immigration and Nationality Act (substantially quoted in § 62.44) must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a nonimmigrant H visa as a temporary worker or trainee, or a nonimmigrant L visa as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee.

http://foia.state.gov/masterdocs/09fam/0940202N.pdf
In determining whether a former exchange visitor has resided and been physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States upon completion of the J program, all time spent in such country is cumulative and need not be continuous.

What is an expiration date of her J-1 status in the last DS-2019 form? Is she going to visit USA again under the J-1 program, e.g. for PhD defense?