pcuz

HI,

We are trying to kick of the AOS process and my wife who was in the USA 10 years ago on a student visa (for 3 months) has been asked for a copy of her IAP66.

Now this was so long ago she does not have the copy. Is this going to be a problem? Or any ideas where we can get a copy?

Thanks!

AdobePinon

Probably she'll just have to say she no longer has it. (Is there any chance that the school retained a copy?) I was asked for mine too, along with every other notice or document from USCIS / BCIS / INS that I'd ever received over the course of seven visas, two EADs, one AOS application, and four status extensions. I just gave them what I had at the time, and they seemed satisfied with that.

JCraigFong

I assume she was J-1 and not F-1.
J-1 = IAP-66
F-1 = I-20

Officers at the AOS stage like to see the I-20s, but usually the vx in the ppt is sufficient.

If we're talking J-1 here, and if there is NO endorsement on the vx itself, saying that your wife is or is not subject to the §212(e) return requirement, then the officer is likely to insist on your obtaining the IAP-66 or equivalent. Try asking the issuing institution if they have a copy. If you simply cannot get it, I suggest you contact your attorney. There's going to be some work involved.

--J Craig Fong
Los Angeles, CA

pcuz

So I am working with a lawyer to sort this out. But intresting that I got two different opinons, guess its just the joy of dealing with the US immigration service :-)

Seeing as the trip was over 10 years ago, I doubt anybody is going to have a copy so we will have to see what gets sorted out. We have provided a picture of the J1 visa that was in her old passport that states she was allowed to come in as a student for 3 months but like I said as it was so long ago we dont have the paperwork. I dont understand why they need it anyway? If we give them the copy we have in the passport cant they look it up in their systems to get the info they need? Seems crazy to me!

We will have to let the lawyer sort it out. But just wondered if anybody else had solved the problem already hence the post.

Thanks for the reply.

AdobePinon

True, but JCF is by far the more qualified of the two of us. From his reply, it sounds to *me* like the greatest cause for concern will be if she's been continuously, or mostly in the US since the J-1 visa.

pcuz

Sorry I should have cleared that up, she come in on a Bunac work program for approx 6 weeks then back to the UK. She then lived in the UK for those 10 years and we just moved over a few months ago on a different visa.

JCraigFong

The two concerns here are: (1) the alien may be subject to the 2-year return requirement, and (2) possible overstay in the past.

Dealing with the latter, easier concern first: if there is an overstay in the past (after the enactment of the unlawful presence provisions), then adjustment or even consular processing is going to be problematic if the overstay was over 6 months. However, as noted, if the alien has already been outside the USA for the required amount of time, this may not be too serious.

The first concern is more serious. IF the alien was subject to the two-year return requirement AND IF the alien did not complete that two-year return -- and if her trip to the USA was so long ago, it may not be a problem -- then the statute requires that the alien remain abroad, in the home country, for two years before the visa will issue.

It is true: if the stay was a very long time ago, AND IF the alien is from a westernized country like the UK or Australia, then an educated guess would be that the alien is NOT subject. However, it should be managed appropriately to avoid disappointments and delays.

pcuz

Thanks for the info! :-) So as we are from a westernized country like you say I hope that the educated guess path is going to work out. Otherwise we dont have anything else to show :-(

Thank you again for your help!