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Very important question regarding DS-230 (J1 2-year rule)

M

mike351

Registered Users (C)
Hello,

I have a J1 visa with 2-year rule at this time. However, I am about to start the waiver process, so when I get to the visa appointment for my green card, I won't have the 2-year rule, it will be waived.

In DS-230 Part II, what should I answer for the section below (yes or no)?

"An alien who is a former exchange visitor who has not fulfilled the 2-year foreign residence requirement."

Thank you
Mike
 
Honest answers are always the best..."YES" since you haven't furfilled the requirement and you have a chance you won't be eligible. USCIS can have access to all the data so if you are caught lying you might be getting a denial and and receiving a ban....

If you are honest they might be willing to overlook it although I'm very doubtful since the open the path for lawsuits from other J1 visa holders with the same issue.
 
Hi,
I second bentlebee. I've heard that J1 waiver takes normally 3 to 6 months. The simplest way is sending forms back to KCC with approval documents of J1 waiver as soon as waiver is granted. Another possible way is, you start waiver process now, then send forms with a proof showing your waiver is in process. Once you get J1 waiver you write to KCC or USCIS which handles your case at that time, enclosing approval document of J1 waiver, stating you need to update for the answer of that question, "yes" to 'no". I think you will make it if you have J1 waiver by your interview date, but it might be better to have legal advice if you take the latter.
 
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Hello, Bentlebee!
May i ask you a question?!
Your profile says: 6/3/09 - receipt from KCC. What does mean "receipt from KCC"? Do you mean - a second letter? I sent my first letter to KCC. However, i have not gotten any reciept. Could you please be so kind to answer to my question! Thank you very much!!!!!!!!!
 
bentlebee said:
Honest answers are always the best..."YES" since you haven't furfilled the requirement and you have a chance you won't be eligible. USCIS can have access to all the data so if you are caught lying you might be getting a denial and and receiving a ban....

If you are honest they might be willing to overlook it although I'm very doubtful since the open the path for lawsuits from other J1 visa holders with the same issue.
Click to expand...

Thank you for your answer. But, it says "former" exchange visitor. Does it states my previous visa, not existing visa? It's not saying "current" exchange visitor. So, what I thought is whether I've been issued a J1 visa, completed the education etc and still not fullfilled the 2-year rule?

What do you think?
 
tmfl said:
Hi,
I second bentlebee. I've heard that J1 waiver takes normally 3 to 6 months. The simplest way is sending forms back to KCC with approval documents of J1 waiver as soon as waiver is granted. Another possible way is, you start waiver process now, then send forms with a proof showing your waiver is in process. Once you get J1 waiver you write to KCC or USCIS which handles your case at that time, enclosing approval document of J1 waiver, stating you need to update for the answer of that question, "yes" to 'no". I think you will make it if you have J1 waiver by your interview date, but it might be better to have legal advice if you take the latter.
Click to expand...

tmfl,

is there any deadline for sending the documents back to KCC (Ds-122,Ds-230,pics)? I'll start waiver process asap, and might get the waiver 3 months from now. If I send the docs back in September or October, will it be okay?

thank you
 
The receipt was for the payment to do AOS $ 375.00
mechta said:
Hello, Bentlebee!
May i ask you a question?!
Your profile says: 6/3/09 - receipt from KCC. What does mean "receipt from KCC"? Do you mean - a second letter? I sent my first letter to KCC. However, i have not gotten any reciept. Could you please be so kind to answer to my question! Thank you very much!!!!!!!!!
Click to expand...
 
Yes you can sent them back whenever you want but most people do it right away. The fiscal yr doesn't start until Oct. 1st 2010 so you have plenty of time, but remember it takes KCC a couple of weeks to process your paper work so you can get a delay in the 2nd NL or maybe not, depending on your case #.
mike351 said:
tmfl,

is there any deadline for sending the documents back to KCC (Ds-122,Ds-230,pics)? I'll start waiver process asap, and might get the waiver 3 months from now. If I send the docs back in September or October, will it be okay?

thank you
Click to expand...
 
If you are doing AoS DO NOT worry about sending DS 230, send only DSP 122.
DS 230 do not come up when you go for AoS intvw. its just i-485.

So your J1 waiver Q do not arise at this time if you send only DSP 122.

However by the time you file your i-485, you should have your waiver in hand, otherwise you are not eligible to file/sign i-485.
So do not file i-485 until your number is current AND you have your waiver.
 
NuvF said:
If you are doing AoS DO NOT worry about sending DS 230, send only DSP 122.
DS 230 do not come up when you go for AoS intvw. its just i-485.

So your J1 waiver Q do not arise at this time if you send only DSP 122.

However by the time you file your i-485, you should have your waiver in hand, otherwise you are not eligible to file/sign i-485.
So do not file i-485 until your number is current AND you have your waiver.
Click to expand...

Thank you very much for your response. I'm totally relaxed now. Thanks!

Last question: Some says that even I go for AoS, I must send DS 230 as well. How can I be sure what to do? Do I need to see a immigration lawyer?
 
Well, yes some ppl who do AoS send it too.
But ask how many of them signed the Part II in front of the USCIS IO at their i-485 interview......answer: NONE !!

DS 230 I & II is only for ppl who do CP.
Part I, KCC use for initial security chks, name chks etc. before your CP intvw. Part II you sign at the intvw.

For AoS in US, all processing starts with USCIS only after you send in i-485.
KCC just transfer your initial DV application file to your LO when number become current , provided you have paid them the $375.
 
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Thanks NuvF. I have just talked to KCC, and confirmed that I only need DS-122 and pictures if I do AOS.

The guy on the phone also indicated that I can send back DS-230 later on, if I decide to do CP. That's wonderful. It gives me some flexibility!
 
Yes, later if you want to do CP you send in the 230 forms. (or you can just take them with you to the embassy for the CP intvw, if embassy says its ok, than sending them to KCC)

One other note to you, I beleive you are Turkish. Ankara consulate has a very tight schedule since they do CP for Iranians also.
You MAY NOT be able to easily get a CP date in the same month of you becoming current if you change to CP from AoS later in the fiscal year.
Make some more inquiries on this from your fellow countrymen who did DV and who may know better.

PS: Chk the following which I posted sometime back about Ankara CP.

http://forums.immigration.com/showt....chk-this-!!&p=2173838&highlight=#post2173838
 
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Thanks a lot NuvF. I'll call Ankara consulate about this issue.

Is there a deadline to send in the 230 forms to KCC? I mean if I choose AOS than would like to do CP what's the latest time that I must inform KCC? When does KCC forward my documents to USCIS? I'm guessing that it will be difficult to switch to CP if USCIS get my documents from KCC? Am I right?
 
If you opt for AoS first, generally you will be able to handle a subsequent CP transfer with the KCC and embassy.

As I said you do not need to send the DS 230 to KCC, you can deal with embassy direct if there is a time crunch. (but depends on how supportive and busy the embassy is and it seems to me Ankara is a really busy post)

Do not send in your $375 payment (and do not do medicals) till you decide for sure what option . 'Cos if you pay it here and then change to CP, you will have to pay it again at CP. Then come back and ask for refund from KCC.

If 375 is paid before your number become current, KCC transfers file to USCIS field office as soon as your number become current. Afterward if you decide CP, then the file has to come from the field office via KCC to the embassy.

I blv you do not have a terribly high EU number correct?, you should be ok with AoS. But when is your J expire? if it happens early next year you should try extend it or change it to another visa. If not CP is the best option for you.
 
NuvF said:
If you opt for AoS first, generally you will be able to handle a subsequent CP transfer with the KCC and embassy.

As I said you do not need to send the DS 230 to KCC, you can deal with embassy direct if there is a time crunch. (but depends on how supportive and busy the embassy is and it seems to me Ankara is a really busy post)

Do not send in your $375 payment (and do not do medicals) till you decide for sure what option . 'Cos if you pay it here and then change to CP, you will have to pay it again at CP. Then come back and ask for refund from KCC.

If 375 is paid before your number become current, KCC transfers file to USCIS field office as soon as your number become current. Afterward if you decide CP, then the file has to come from the field office via KCC to the embassy.

I blv you do not have a terribly high EU number correct?, you should be ok with AoS. But when is your J expire? if it happens early next year you should try extend it or change it to another visa. If not CP is the best option for you.
Click to expand...

My case number is EU 20xxx, and my J1 visa expires on June 6, 2011. That's the reason I'm trying to learn the process to switch CP if needed. If my case number becomes current in May, I might face big problems!!
 
If you see your number in a visa bulletin prior to June 2011, and if you send in your i-485 before 6/6/11, TECHNICALLY your stay is legal and good for AoS interview even with expired J.
But if number become current after June 6th, then its my understanding the situation bit dicey!!
Consult a lawyer in any case if you think you are unable to extend J or change to another visa.

The rule of thumb in this forum is 'go for AoS intvw with a valid status'. But if you talk with a lawyer you will find out that it need not be that way always and there can be some exceptions.

I suggest that at this time you tell KCC you are doing CP. And if circumstances change, then change to AoS.
CP to AoS is not that big of a deal provided you change things before KCC send file to embassy.
 
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NuvF said:
If you see your number in a visa bulletin prior to June 2011, and if you send in your i-485 before 6/6/11, TECHNICALLY your stay is legal and good for AoS interview even with expired J.
But if number become current after June 6th, then its my understanding the situation bit dicey!!
Consult a lawyer in any case if you think you are unable to extend J or change to another visa.

The rule of thumb in this forum is 'go for AoS intvw with a valid status'. But if you talk with a lawyer you will find out that it need not be that way always and there can be some exceptions.

I suggest that at this time you tell KCC you are doing CP. And if circumstances change, then change to AoS.
CP to AoS is not that big of a deal provided you change things before KCC send file to embassy.
Click to expand...

I see. I will definitely consult a lawyer, but haven't found one yet in Columbus. Last question: When will KCC send my file to embassy? In the month that my case number becomes current?
 
mike351 said:
I see. I will definitely consult a lawyer, but haven't found one yet in Columbus. Last question: When will KCC send my file to embassy? In the month that my case number becomes current?
Click to expand...

I think it is done a cpl of weeks after the number appear in the bulletin, most probably during the month prior to the 'current' month.
 
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