My fiance is on a J-1 visa and as I have stated in previous threads, he has been out of status about one year and we will be marrying very soon and filing the 485 packet. I have recently learned about the 2 year HRR requirement on some J-1 visas. I do not believe that he is in any of the 3 categories that require him to return for two years, but I was wondering if anyone knew more information about this requirement or of an resources or websites I could check out to learn more?

Thank you so much for everyone who has had the patience and consideration to help me with all of the questions I have had. It has helped me tremendously and I am truly grateful!

DB:

Take a look at the following page on the State Department web site:

http://www.travel.state.gov/visa/tempvisitors_info_waivers8.html

There is a section there on Advisory Opinions: you can write to the State Department, giving them all the information about the J-1, and they will determine whether or not your fiance is required to complete the 2 year HRR. I would think the process takes a few months though.

Thank you for the link spursgirl

Advice request:

Would you reccommend filing the 485 packet? They will eventually tell us if he has the requirement right?

We would like to get it started, so we were going to have a civil marriage in a few weeks and file the paperwork and then have our big wedding celebration in 5 or 6 months

DB

I think you must be young child here. What part of this process do you not understand or are you just deluding yourself?

You keep making numerous threads instead of keeping to one so a person can get the big picture. This only confuses the answers you get to resolve your issues.

"Would you reccommend filing the 485 packet? They will eventually tell us if he has the requirement right? "

Heeeeeeeeelllllllllllllo. Find out by checking with State Dept if he does require 2 ys stay.
So ... u going to file the package and spend the money for the applications only to have them denied.. and then be told to leave the country????? Know ahead of time if he can or cannot even adjust on US soil as restrictions apply in many J1 cases. That big wedding is fine except you will be here and he will be there. Is this what you want

BE smart! Continue your homework before you even think about filing anything.

DB. Check your fiance's visa on his passport. It indicates whether or not he is subject to the 2 year requirement. If he is, then before filing for the adjusment he will need to obtain a waiver.

That's not strictly true passingby. My old J-1 visa doesn't indicate either way whether I am subject to the 2 year requirement, and in fact neither box was ticked on the IAP66 OR the new DS-2019 I received. The only sure way to determine it is through an advisory opinion by the State Department.

Why doesn't your fiance know if he is subject to the 2 year HRR???????

And, how exactly he is "out of status." Because it is what I think it means, he cannot adjust.

I believe there are three reasons there is a 2 year HRR requirement: 1) he is on a physican graduate program; 2) a government entity sponsored his exchange....and one more????? Sorry.

Why do you think he doesn't have the 2 year HRR?

A

Pepper,

I don't think he has the 2 year hrr because 1) he is not in a physician graduate program, 2) a government entity did not pay for any part of his visa or schooling and 3) there is no job skills list for South Africa that I could find that he was a part of.

With regards to your post in the other thread about me being certain about marrying him. There is no doubt in my mind. He is not non chalant about this visa information. He just doesn't know anything about it because his family never told him how or what was going on. They just gave him all of his papers and moved back to africa when they were done with their schooling. And it is hard for us to communicate about the paperwork because we are 4 hours apart right now