Certain J-1 visas = 2 years out of US???

[Kaskudoo]

Another question for you guys...My husband had a J-1 training visa from 2001-2002. His training program was paid for by himself and the private company that sponsored him. When we tried to apply for an immigrant visa in Frankfurt, the (rude) woman at the counter told us that she didn't know if we had the certain J-1 visa that would make it impossible for my husband to obtain any other kind of visa for the next two years. She asked us for the copy of his paperwork for the J-1 visa (which, of course we don't have anymore because we had to send it back to AIPT, the organization that helped him get the visa, when he left the US at the end of his training. So, we called AIPT and the woman there told us that she would send us the info, but that even that won't tell the the woman at the embassy what she wants to know. If nothing stands on my husband's visa that's in his passport that says he has to stay out of the US for 2 years than he shouldn't have to, right? He does not owe the US government or the German government anything for the training program. It was completely financed by himself and the private company that sponsored him. What is the woman at the Embassy talking about? And what else do we need to do to prove that he can get this immigrant visa because of our marriage regardless if he had a J-1 visa before???? Help!!!! Thanks

[Kaskudoo]

Another question for you guys...My husband had a J-1 training visa from 2001-2002. His training program was paid for by himself and the private company that sponsored him. When we tried to apply for an immigrant visa in Frankfurt, the (rude) woman at the counter told us that she didn't know if we had the certain J-1 visa that would make it impossible for my husband to obtain any other kind of visa for the next two years. She asked us for the copy of his paperwork for the J-1 visa (which, of course we don't have anymore because we had to send it back to AIPT, the organization that helped him get the visa, when he left the US at the end of his training. So, we called AIPT and the woman there told us that she would send us the info, but that even that won't tell the the woman at the embassy what she wants to know. If nothing stands on my husband's visa that's in his passport that says he has to stay out of the US for 2 years than he shouldn't have to, right? He does not owe the US government or the German government anything for the training program. It was completely financed by himself and the private company that sponsored him. What is the woman at the Embassy talking about? And what else do we need to do to prove that he can get this immigrant visa because of our marriage regardless if he had a J-1 visa before???? Help!!!! Thanks

[lawgal]

Generally, when J-1 visas are issued, the consulate will note whether the two year home country requirement applies. I can't remember the exact language, but it's along the lines of "Subject to 212(e) - government funding" or "Not subject to 212(e)".

Look at the J-1 visa that was put into your husband's passport and see if there is a notation like these.

[marcaurel]

Hi
Lawgal is mostly correct. However, the "not subject to 212e ..." on the Visa stamp may not be the final word. The Dept. of State has the final authority on J-visa-two year home stay requirement issues(INA 212(e)). For visa application purposes, I would request an "advisory opinion" from the DOS. You will need to send in copies of the passport, the visa, the DS-2019(formerly IAP-66). The DOS will make an assessement and determine if you are subject to the 2-year home stay requirement or not (this may take 8-12 weeks). The details are at http://travel.state.gov/visa_services.html (look for explanations about "Advisory Opinion). If you are subject to 212(e) there may be an option for a waiver (under certain circumstances).
Good luck,
Marc