some questions

[rosydriliguanez]

Hi everybody,

I was on a J-1 visa for 6.5 years, while I was a graduate student. I
decided to come back to my home-country to comply with the rule
three months ago.
I wish someone could answer my questions:

1. Is it true that all the time spent on vacation in my home country
and outside the US during these 6.5 years counts towards the 2-year
requirement? If true, do I prove it with the stamps of entry and
departure on my passport?

2. My fiancé is an american citizen and we will get married within a
year. How much in advance can I (or my future husband) apply for my
green card at the local American embassy?

3. I am a citizen of two countries, so can I use my second passport
(the one without J-1 visa) to apply for my green card? in this case
do I still have to comply with the 2-year requirement?

4. Is it true also that if I want to visit my fiance in the US the time
I spend outside my home country counts negatively towards my 2-year
requirement?

 

[nemu]

1. Is it true that all the time spent on vacation in my home country
and outside the US during these 6.5 years counts towards the 2-year
requirement? If true, do I prove it with the stamps of entry and
departure on my passport?

2. My fiancé is an american citizen and we will get married within a
year. How much in advance can I (or my future husband) apply for my
green card at the local American embassy?

3. I am a citizen of two countries, so can I use my second passport
(the one without J-1 visa) to apply for my green card? in this case
do I still have to comply with the 2-year requirement?

4. Is it true also that if I want to visit my fiance in the US the time
I spend outside my home country counts negatively towards my 2-year
requirement?

1. Yes. But only the times that you were not on your original J1 program.
2. Not sure. Petition I-130 can be made any time, but further forms require either the waiver or the completion of the 2YR. http://www.uscis.gov/graphics/services/residency/family.htm
3. I do not think so. You still have to comply witht he 2YR
4. Yes.

 

[running_swede]

2. Form I-485 (Application to Register Permanent Residence or Adjust Status) asks you this question:

"Have you ever been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement andhave not yet complied with that requirement or obtained a waiver?"​

So, presumably, you could submit the green-card application (I-485) before you comply with the two-year foreign residence requirement and answer "yes" to this question. I do not know, however, if that would lead them to reject your application or just put in on hold. You can file I-130 as soon as you get married, but I do not know if there is any benefit to you in filing I-485 until you have complied with the two-year rule.

Can you apply for a waiver?