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J1 Visa 2 Year Home Residency Rule USA

J1 Visa 2 Year Home Residency Rule USA

Old Dec 20th 2018, 10:13 pm
  #1  
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In September 2016, I met my current girlfriend when on holiday in Nashville, USA. After studying for a year in the UK (beginning September 2017), I decided to move to Nashville to be with my girlfriend and complete my second year of study there on a J-1 visa (I am currently here until May/June). It was not brought to my direct attention however that I would be subject to a 2 year stay in my home country after this visa had expired which sucks!! The plan was that after a year in ther UK, I would graduate and move to Nashville on a fiance visa and get married. The reason I believe I am subject is that my home government has helped to finance my year abroad. However, I do have a few questions regarding this:

1. Will this home 'government funding' actually be classed as funding if it is technically my money as a debt?
2. Would it be worth applying for a 'letter of no objection' from my home government to hopefully get the 2 years wavered, do you believe I have legitimacy for this?
3. If I apply for this 'letter of no objection' and it gets denied, am I likely to encounter any future repercussions with my fiance/marriage visa?
4. If it is worth applying for a 'letter of no objection', should I hire an immigration lawyer to help us through the process or will I have just as much chance on my own? It dosen't look too complicated as all of the instructions are easy to follow and attorneys cost A LOT!

I appreciate all the help, good luck to everyone with all your visas!
Josh
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Old Dec 20th 2018, 10:20 pm
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Default Re: J1 Visa 2 Year Home Residency Rule USA

I was on a J1 back in the late 90's, so quite a long time ago. I seem to remember applying for the no objection letter and got it pretty easily. I don't remember having any UK govt funding though. I did work for a US govt dept though while on the J1. Sorry I cant remember more, but you may as well ask for that letter.
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Old Dec 20th 2018, 11:25 pm
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Default Re: J1 Visa 2 Year Home Residency Rule USA

Doesn't hurt to ask. A denial won't count against you for a future immigrant visa or K1 Visa.

Rene
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Old Dec 21st 2018, 4:13 am
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Default Re: J1 Visa 2 Year Home Residency Rule USA

Does your J-1 Visa stamp have no annotation about 2-year rule? Possible you are exempt. You can ask the Dept of State for their view on the matter:
https://j1visawaiverrecommendation.s...HowToUseSurvey
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Old Dec 25th 2018, 10:21 pm
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Default Re: J1 Visa 2 Year Home Residency Rule USA

Originally Posted by joshuatfwood
In September 2016, I met my current girlfriend when on holiday in Nashville, USA. After studying for a year in the UK (beginning September 2017), I decided to move to Nashville to be with my girlfriend and complete my second year of study there on a J-1 visa (I am currently here until May/June). It was not brought to my direct attention however that I would be subject to a 2 year stay in my home country after this visa had expired which sucks!! The plan was that after a year in ther UK, I would graduate and move to Nashville on a fiance visa and get married. The reason I believe I am subject is that my home government has helped to finance my year abroad. However, I do have a few questions regarding this:

1. Will this home 'government funding' actually be classed as funding if it is technically my money as a debt?
2. Would it be worth applying for a 'letter of no objection' from my home government to hopefully get the 2 years wavered, do you believe I have legitimacy for this?
3. If I apply for this 'letter of no objection' and it gets denied, am I likely to encounter any future repercussions with my fiance/marriage visa?
4. If it is worth applying for a 'letter of no objection', should I hire an immigration lawyer to help us through the process or will I have just as much chance on my own? It dosen't look too complicated as all of the instructions are easy to follow and attorneys cost A LOT!

I appreciate all the help, good luck to everyone with all your visas!
Josh
Yes, apply for the letter of no objection. I did it, pretty smooth process. You definitely do not need a lawyer. Processing didn't take too long. Mine was marked as government funding due to student loans as well.
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