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Subject to the J1 Home Country Residence Rule

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  • Subject to the J1 Home Country Residence Rule

    I am a German citizen and I have a German boyfriend who has been living and working in the US since 7 years. His company is willing to sponsor him for a Greencard. He is a E1 Visa holder. I am currently working in Germany . We are planning to get married pretty soon before my boyfriend starts with the Greencard process so that I can get it with him.
    Here is my question:

    I was studying in the U.S. on a J1 Visa from Sept. 2003 until Jan. 2005 (Fulbright Scholarship). After finishing my studies I have been participating in an academic training program and my J1 Visa has been extended until 31 Oct. 2005. I returned to Germany on 31 Oct. 2005. As you might know the J1 Visa requires the "Two Year Home Country Residence Rule". I am not sure, if this has any impact on the Greencard process for me.
    My boyfriend and I, we are planning to get married by early next year. We want to file the Greencard process for both of us as soon as we getting married.

    Do we have to wait with starting the Greencard process until 31 Oct. 2007 so that I will get it as well ? Or can we already start with it in Jan. 07 although the 2 years of home residence are not over by the time?

  • #2
    I am a German citizen and I have a German boyfriend who has been living and working in the US since 7 years. His company is willing to sponsor him for a Greencard. He is a E1 Visa holder. I am currently working in Germany . We are planning to get married pretty soon before my boyfriend starts with the Greencard process so that I can get it with him.
    Here is my question:

    I was studying in the U.S. on a J1 Visa from Sept. 2003 until Jan. 2005 (Fulbright Scholarship). After finishing my studies I have been participating in an academic training program and my J1 Visa has been extended until 31 Oct. 2005. I returned to Germany on 31 Oct. 2005. As you might know the J1 Visa requires the "Two Year Home Country Residence Rule". I am not sure, if this has any impact on the Greencard process for me.
    My boyfriend and I, we are planning to get married by early next year. We want to file the Greencard process for both of us as soon as we getting married.

    Do we have to wait with starting the Greencard process until 31 Oct. 2007 so that I will get it as well ? Or can we already start with it in Jan. 07 although the 2 years of home residence are not over by the time?

    Comment


    • #3
      You need a lawyer to explain this very complicated information to you. They are worth every penny they charge even if their knowledge of immigration is obviously lacking. Their degree in contract, business or some other specialization although totaly unrelated to immigration makes them the utmost experts in this field. Indeed, to prove this point they will threaten non lawyers who may be more knowledgeable than they are with unauthorized practice of law.

      Choose wisely because a savy lawyer will protect his own interests even if they are not protecting yours. Many have tried to change representation only to be threatend with lawsuits for collection of unpaid fees.

      Or you could just look up the information you need on the Dept of State website. In short, AND LET IT BE KNOWN THIS IS JUST MY UNQUALIFIED OPINION AS I COULD NEVER HOLD A CANDLE NEXT TO THE CLARENCE DARROWS WE REGULARLY FIND IN IMMIGRATION

      You have to serve the 2 year home residency requirement before you can become a PR or an H-1B or an L-1 visa holder. You could come over as a visitor on a visa waiver but be careful as you MUST leave or get the visa extended before the end date on the I-94 and if you choose to get the green card through consular processing you must enter in that category not under a visa waiver. Also, remember that employment is prohibited when you are in visitor status

      You could also apply to have the remaing residency requirement waived. Information about the 212(e) waiver is available on the DOS web site. Look under "no objection statement" HOWEVER this is not very likely to happen in your case. If you are a German Citizen then the only reason you could be subject to 212(e) is because you received goverment funding on your J-1 program. This is almost impossible to have waived especially if the funding came from the U.S. govt

      Comment


      • #4
        You do not have to wait until Oct. 31, 2007 to start GC process, however, you will not be granted immigrant visa until that date. Make sure you time it right.

        Comment


        • #5
          In all honesty, this is all maybe naught. Considering the processing time from Labor and USCIS (not to mention priority date issue if applicable), I doubt your boyfriend application will reach the AOS stage by October 31, 2007.

          Comment

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