[milanesi]

Hi, here is my story:
I am from Italy and I came to US with J1 Visa in 2003 (Research Scholar).
I'm now in H1b Visa from 2006. I apply together with my husband for green
Card November 2007.

CIS is reviewing now my I-485 and they send me RFE notice. They state that from the document they received I am under the two year residency requirement. This is a surprise to me because my J1 VISA on the passport states “bearer is not subject to section 212(e), two year rule does not apply”. In addition I was able to have H1b without any problems.
However, looking at her first J1 IAP-66 (I never realize that) the consul check the
Box "subject to two-year resident requirement based on government financing". I have other two following IAP-66 for J1 extension and they did not mention anything.
So there is incongruence between the first IAP-66 and the J1 visa in the passport and nobody really recognize until now. My layer told me that it is a very unusual situation.

Somebody has any idea about what can I do now.
Thanks

[sadia anjum]

Hi my name is sadia I have come in usa in August 2007 on j-1 visa (2 years rules applies )(I have one year visa)as
Montessori teacher I'm working on this visa can I get married with green card holder boy or I can only get
Married with citizen bcoz I don't want to go back from here and want to get married as soon as possible please
Tell me what to do and how to do?? my visa is going to be finished in July 4,2009 I'm worry about it
Please let me know if you know something.. my e mail address is [email protected] cell no 703-622-9203

[DCcityboy]

You need to clarify whether you are truly subject to the 2 year home residency requirement under section 212(e).

The IAP 66 and the J-1 visa are not entirely dispositive, actually its best to check the FAM skills list, as this is what the PA (for the IAP-66) and the conoff (J-1 visa) is to check to make the 212(e) determination.

If it is still unclear, or if they are contradictory, you can seek a DOS advisory opinion.

You should consult with an experienced attorney. Please note, not that many immigration attorneys work with J visas and waivers, so look for a certified specialist or a personal referral for one with experience. I would start with checking with your PA for referrals.

If this was helpful, rate this answer! Good luck.

[yankira]

Dear Sirs,
I am writing you to you in order to clarify my status as a Fulbright Alumni 08 who is married to the US citizen.
My name is Irina Yankovskaya and I am a Fulbright alumni 2008-2009. I spent a year in the United States performing my program duties as a Foreign Language Teaching Assistant (FLTA). I very much enjoyed participating in the program in the course of the school year. In the meantime, I met my future husband, Burgan Hobbs, who is currently doing his Master's degree at California State University, San Bernardino. Having loved each other so much we decided to get married. This happy for us event happened on June 27th 2009.
Being an obedient citizen of my country, from one side, and as a Fulbright Alumni, from another, I was obliged to go back to my home country Russia in order to exchange the experience that I gained in the United States. Currently I am taking the entrance exams to do my PhD in linguistics and teaching in Moscow.
The separation is very hard for both of us. But we still consider that we can visit each other in our countries of origin.
Thus, I wonder if I can I apply for the non - immigration spousal K3 visa or an equivalent one which would allow me to visit my husband and his family in the United States during the time I am doing my PhD? Otherwise, could I obtain a tourist/visitors visa to spend the next summer in the United States with my husband? What would you suggest? What do I need to do?
I would very much appreciate your advice. Thank you very much.
Yours sincerely,
Irina Yankovskaya

[mohammad80]

Hi
I've got my j1 visa. On my visa it is written the following phrases:
THE BEARER IS SUBJECT TO SECTION 212(e)
TWO YEAR RULE DOES NOT APPLY

Can anyone help me what is the meaning of the above sentences?