ellie_gbr

I'm hoping someone else has been in this situation and can offer some advice. Back in 2004/2005 I was in the US on a J1 visa as part of a study abroad/exchange program in Meteorology as part of the final year of my undergraduate BSc degree. I was not subject to the 2 year home residency requirement. However, I no longer have my ds 2019. I am now applying for AOS based on marriage and they need proof (despite having had multiple F1 and H1B visas since 2005) that I either have a waiver or was not subject to the requirement in the first place. The program was not government funded, medical, and the UK isn't on the specialist skills list. There is no notation either way on the J1 visa in my old passport. Very frustrated right now.

Noorah101

Did you receive an RFE for this item, after having submitted your AOS package? If so, you have the option of responding to the RFE with the information you just wrote above, and ask them to continue processing your case as-is.

Rene

ian-mstm

Nothing at all referring to 212(e) anywhere on the visa or passport?

Ian

ellie_gbr

I didn't receive and RFE. This came up today at the interview. There is nothing about the 212(e) (either stating it is or is not required) on the J1 visa or an additional stamp in my passport. I now work at the same institution where I studied abroad and they don't keep j1 copies longer than 2 years. I'm hoping they can provide some letter as they issued the ds 2019. I had no idea when I was 21 that this one piece of paper could be so important now!

Noorah101

Document all the legwork you are doing to find this information. What you did, the date, the name of anyone you speak to, email of anyone you write to, etc. If you are truly unable to find anything, use this documentation, along with a detailed explanation, to submit, and ask USCIS to adjudicate the case. At least you can prove you tried.

Rene

ellie_gbr

Thanks - will be requesting an "advisory opinion" from the department of state regarding whether I was subject to the residency requirement. I was able to obtain my SEVIS record from the University that states I did not receive any funding from the US or UK government. As the UK is not on the skills list, there shouldn't be an issue getting the letter that I was not subject to the requirement (provided the system works of course). Interestingly I have spoken with multiple people who have been in the same situation, with no notation on the visa, and have had zero issues with the green card process. Just my luck I suppose!