hi everyone!

i have a question regarding the j-1 visa foreign residence requirement. i was a j-1 student in the u.s. and left the country in december 2005. i am a citizen of armenia but i moved to canada as a permanent resident in june 2006 and am still in canada. people say that you have to fulfill the j-1 visa requirement in your home country, which is armenia, but i stayed in armenia only from january to june 2006. so i would like to know whether i should really be in armenia and wait there until the j-1 requirement is over, or canada would do too?

when i was applying for a u.s. b-1 visa in october 2006, the u.s. consular officer thought that i entered canada from the u.s. directly, but i explained that i arrived in canada from armenia and she said so you left the country (u.s.), i said yes. this made me think that what is really important for them is that the person leaves the u.s. after the j-1 expires and that they would not care much about where the person stays for at least 2 years. i guess if they wanted the j-1 exchange students to go to their home country to fulfill the requirement, they would call it "2-year home residence requirement" and not "foreign residence requirement".

can someone answer this question, please. so once again, the question is: would canada be an option to fulfill the foreign residence requirement or it has to be the home country really? i greatly appreciate any thoughts and help. thanks very much!!!

Dear P-S: although Hudson the IRS dweeb would disagree, the plain truth of the matter is you have to fulfill the 2 year rule based on your country of residence at the time of acquiring your J1 visa (Armenia)...so time spent in another country does not count. However, the 2 year rule does not preclude you from obtaining a B2 (tourist) or B1 (business) visa - it only blocks an H1B or a green card until you have either fulfilled the 2 year requirement or received a waiver of said requirment.
The idea behind the 2 year rule is to (hopefully and ideally) give the country of residence the benefit of your knowledge and experience gained during your J1 assignment.
Hudson, ProudUSC, Mike2007 and Jake will tell you otherwise....ask them from where they obtained their "knowledge" of our immigration laws....Hudson's - the IRS tax manual....ProudUSC - from the Pennysaver....Mike2007 - from the back end of a camel....and Jake...well, she is a visa waiver cheat,so don't ask for her opinion.

and someone12 is a stinky indian pic of trash and hes grandfather are the best boarder jumpers of all times

quote:

Someone12

Well, thank you for your response. But it's a little ambiguous this issue because from what I've read on the internet as well as from some official papers, they mention "home country" or the "country of your last residence". Now I am a legal permanent resident of Canada and this is my home, although I do know the J1 rules in terms of going back to where my J1 was issued in order to bring back the knowledge. But what if your government saw a potential threat in you meaning that there is literally no one with a graduate degree from the U.S. in my home country, which is a conflict-torn region, a self-proclaimed and de-facto independent country not recognized by any country in the international community and is a disputed territory btw Azerbaijan and Armenia and I hold my citizenship from the latter? What if they made you leave the country? Now even if I am willing to fulfill my J1 requirement, I am not able too. How about that?

two simple questions:
1 - what country issued your ppt?
2 - what country were you a resident of when you got your J1?

There is your answer.

Your first instinct was correct. The J1 return rule emphasis is on you leaving the country. They don't really care where you go so long as you don't come back for the time required. Its more or less assumed your going home. Even then there is a way around it. Your home country consular can issue you a waiver if they so desire. It depends on how much they need you back home. Since you have a graduate degree I wouldn't hold my breath. That and you normally have to be married to a USC to qualify for it.

Someone12 is correct about why the rule exists. To give your country the benefit from what you have learned here.

quote:

..it's a little ambiguous this issue because from what I've read on the internet as well as from some official papers, they mention "home country" or the "country of your last residence".

The Two-Year Home Country Residence Requirement

The J-1 Exchange Visitor program is administered by the United States Department of State. Exchange Visitors (including students and scholars) are, under certain circumstances, subject to the "two-year home country residence requirement" which obligates some J-1 visa holders to return to their country of nationality or permanent residence for an aggregate of at least two years upon completion of their program. [Code of Federal Regulations 22 514.31 (a) (1)].

This requirement is imposed upon the J-1 Exchange Visitor under one or more of the following circumstances:

*When the Exchange Visitor's program is financed by the U.S. government or by the home country government. This includes, but is not limited to, Exchange Visitors whose visas were sponsored by organizations such as Fulbright, the Exchange Visitor Program, Organization of American States, Amideast, etc. Note: Funding that is part of a Columbia professor's government grant and which partially used as stipends or salaries for graduate students or research fellows is not considered government funding for this purpose.


*When the Exchange Visitor has acquired a skill which is in short supply in his or her own country, and that skill appears on the Exchange Visitor Skills List of the U.S. Department of State (published in the Federal Register, June 12, 1984, and subsequent updates). Refer to the document titled United States Information Agency Country Skills List for additional information. The International Students and Scholars Office (ISSO) has copies of this list.


*When the Exchange Visitor is a graduate of an international medical school participating in an internship, residency, or clinical training program in the U.S. sponsored by the Educational Commission for Foreignl Medical Graduates (ECFMG).


The two-year home country residence requirement and other conditions of J-1 status are explained to the J-1 Exchange Visitor on page 2 of the form DS-2019.The J-1 Exchange Visitor is required to sign both of these pages to signify that he or she understands the conditions before applying for the J-1 visa.


For Waivers of INA 212(e) & FAQ Click Here

If you are happly a permanent resident of Canada, what the problem.

There is a waiver available for the HRR, who sposnored you?

quote:

Originally posted by Someone12:
Dear P-S: although Hudson the IRS dweeb would disagree, the plain truth of the matter is you have to fulfill the 2 year rule based on your country of residence at the time of acquiring your J1 visa (Armenia)...so time spent in another country does not count. However, the 2 year rule does not preclude you from obtaining a B2 (tourist) or B1 (business) visa - it only blocks an H1B or a green card until you have either fulfilled the 2 year requirement or received a waiver of said requirment.
The idea behind the 2 year rule is to (hopefully and ideally) give the country of residence the benefit of your knowledge and experience gained during your J1 assignment.
Hudson, ProudUSC, Mike2007 and Jake will tell you otherwise....ask them from where they obtained their "knowledge" of our immigration laws....Hudson's - the IRS tax manual....ProudUSC - from the Pennysaver....Mike2007 - from the back end of a camel....and Jake...well, she is a visa waiver cheat,so don't ask for her opinion.

Never heard of Pennysaver???? I get alot of my information on immigration laws from your old posts, S12!

quote:

Originally posted by Petite Sophisticate:
hi everyone!

i have a question regarding the j-1 visa foreign residence requirement. i was a j-1 student in the u.s. and left the country in December 2005. i am a citizen of Armenia but i moved to canada as a permanent resident in june 2006 and am still in Canada. people say that you have to fulfill the j-1 visa requirement in your home country, which is armenia, but i stayed in armenia only from january to june 2006. so i would like to know whether i should really be in armenia and wait there until the j-1 requirement is over, or canada would do too?

when i was applying for a u.s. b-1 visa in October 2006, the u.s. consular officer thought that i entered Canada from the u.s. directly, but i explained that i arrived in Canada from Armenia and she said so you left the country (u.s.), i said yes. this made me think that what is really important for them is that the person leaves the u.s. after the j-1 expires and that they would not care much about where the person stays for at least 2 years. i guess if they wanted the j-1 exchange students to go to their home country to fulfill the requirement, they would call it "2-year home residence requirement" and not "foreign residence requirement".

can someone answer this question, please. so once again, the question is: would canada be an option to fulfill the foreign residence requirement or it has to be the home country really? i greatly appreciate any thoughts and help. thanks very much!!!

You gave a lot of facts, but not a specific question or questions. However, I wll explain a few things for you.
1. Generally, you must complete your 2 year residency requirement in your home country. If you obtain a visitor visa, then your residency requirement is extended for the period of time you are present in the US.

2. I am not sure what happens to your residency when you become a permanent resident of another country other than the US. However, it it possible to also use your new permanent residency in Canada if it fulfills the educational objectives of the program.

3. Under 212*e( of the Immigration and Nationality Act, a waiver can be one of the following:
* You have a U.S. citizen or lawful permanent resident spouse or child and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child.
* You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.
* A U.S. government agency requests a waiver directly from the Bureau of Consular Affairs for you because you are engaged in a project of official interest to the agency.
* Your country provides a written statement to the director of the Bureau of Consular Affairs stating that your country has no objection to a waiver.
* A state of the United States, through the state office of public health or its equivalent, sponsors you to work as a physician in a health manpower shortage area within the state for three years as a nonimmigrant in H-1B status.

From your info, your home country of Armenia can file a letter of "no objection" to relieve you of your residency requirement. Not sure if any of the other waiver options are probably given your information.

NOTE: I did a little more research and there are some schools that indicate either your home country or last permanent residency. Nevertheless, I still think if you are going to apply for another immigrant visa, to marry, or permanent residency, a waiver is probably the best way to go.

This message has been edited. Last edited by: Hudson,

Ok everyone, I am a little slow in getting back to you. But I read everything. The situation is the following - will try to summarize again. My J1 was issued in Armenia. I completed my graduate studies the US in June 2005, then did the OPT (optional practical training) in DC, after which I returned to Armenia in Dec 2005. During that period the Armenian Embassy in DC did provide me with the no objection letter. But the waiver was denied. So I returned home. However, I experienced problems with getting a job - waited for almost 6 months for the decision. By that time my Canadian visa was issued and I decided to move to Canada in June 2006. Since then I am here. Someone told: if I am a permanent resident of Canada, then what's the problem. Right. But on the other hand I am in a serious relationship with a guy I met when I was in the US, who is a green card holder himself and will be able to apply for citizenship next summer, i.e. 2008. So we would like to get married but these visa issues are too complicated. In any case, I now have another one year commitment in Canada (my job) and we are hoping to work this out somehow next year. But how? Should we wait until he becomes US citizen? Any ideas? Should we hire a lawyer? At what point? If I were in Armenia now where, like you say, I should be fulfilling the J1 rule, some time in January 2008 the J1 requirement would be over. But if Canada counts too, then in any case there is no difference - it still will be over.

Thanks very much.

And please, don't copy-paste information about J1 requirement from the USCIS website. I read that many times. Besides, everyone knows that there is always a legal way to get around these things. I guess one has just to be smart and understand how to get things done.

You probably don't have to wait. Since he is a lpr he can bring you in on a fiancee visa see ds-156 & ds-156k forms. He'll also need to file a i-864. Since you already have the 2yr no objection waiver it will probably fly this time with this type of visa. The other option is to marry in Canada and use I-130 instead of the Ds-156 forms. You'll need the I-601 and or I-612 waiver forms for either along with your no objection letter.

This message has been edited. Last edited by: davdah,

quote:

davdah

Dear davdah:

Thanks for your reply. But you misunderstood me. I said that the waiver was denied based on the unfavorable recommendation that the US DoS sent to the USCIS. So my J1 was not waived on the ground of the no objection letter from my government.

But I will look into those forms you mentioned to see if they would work in our situation.

Also, I heard that if a US permanent resident file a fiance petition is may take years to get that visa as opposed to the fact if a US citizen would file that petinios. Is that true?

Many thanks!

quote:

I heard that if a US permanent resident file a fiance petition is may take years to get that visa as opposed to the fact if a US citizen would file that petinios. Is that true?

That's true.

Could be true. Can't say I know for sure. But it makes sense. The original waiver you tried was denied but since this is a different circumstance it may go through this time.

But one cannot apply for the waiver for the second time on the same ground, which is no-objection ins this particular case, and they clearly say it in the official texts. Moreover, at that time I was working for my government and even taking into account this fact they denied. Now when I do not work for the government and even if it was possible to apply for the waiver on the same ground for the second time, it would not go through anyway because if they denied to a govt' employee, they will deny for the second time for sure. Anyways, just talking...

So I was right, it's better if he becomes citizen...

quote:

Originally posted by davdah:
You probably don't have to wait. Since he is a lpr he can bring you in on a fiancee visa see ds-156 & ds-156k forms. He'll also need to file a i-864. Since you already have the 2yr no objection waiver it will probably fly this time with this type of visa. The other option is to marry in Canada and use I-130 instead of the Ds-156 forms. You'll need the I-601 and or I-612 waiver forms for either along with your no objection letter.

FYI, K1 visas are only for USC spounsors, not LPR's. If they marry, it could take up to six years for the OP to obtain an alien registration number, thus allowing for adjustment and entrance into the US. CR-1 and IR-1 are also not eligible for LPR's.

Deleted post after reading OP's response on 8/9 when fiance will be eligible for USC application.

Petite Sophisticated, what was the reason why you experienced problems in Armenia? It appears government beaucracy was the reason for the delay, or was it something else?

quote:

Originally posted by Petite Sophisticate:
But one cannot apply for the waiver for the second time on the same ground, which is no-objection ins this particular case, and they clearly say it in the official texts. Moreover, at that time I was working for my government and even taking into account this fact they denied. Now when I do not work for the government and even if it was possible to apply for the waiver on the same ground for the second time, it would not go through anyway because if they denied to a govt' employee, they will deny for the second time for sure. Anyways, just talking...

So I was right, it's better if he becomes citizen...

Facts and cirucmstances have changed since you filed for the waiver in 2005. However, your J1 home residency requirement will complicate the K1 visa or K3/IR1/CR1 spouse visas. Again, a waiver may need to be required even if your future soupse becomes a USC, assuming that being a Canadian LPR affects your home residency requirement.