How much time is this gonna cost me?

[trickyspark]

Looking over forms, just seeing what they're gonna throw at Ying and I later. Ran across this little tidbit on the DS-230 Part2.

 

 

j. An alien who is a former exchange visitor who has not fulfilled the 2 year foreign residence requirement. YES__ NO__

 

She has not, she left the USA on 1/7/2005. So of course it will have to be answered yes. Once this is done, will they look at it and say well, let's find out when she will complete it and freeze everything until she has?

 

I swear, this crap wouldnt be so bad if they'd allow foreign spouses to visit us. I was told it was all but impossible, and risky if they somehow got to visit.

 

How can she prove she completed her 2 years? Just show her passport?

Or should she have notified someone when she returned?

 

If that's gonna happen I reckon I'll just start selling things and move.

[Guest pushbrk]

Looking over forms, just seeing what they're gonna throw at Ying and I later. Ran across this little tidbit on the DS-230 Part2.

 

 

j.  An alien who is a former exchange visitor who has not fulfilled the 2 year foreign residence requirement.    YES__    NO__

 

She has not, she left the USA on 1/7/2005.  So of course it will have to be answered yes. Once this is done, will they look at it and say well, let's find out when she will complete it and freeze everything until she has?

 

I swear, this crap wouldnt be so bad if they'd allow foreign spouses to visit us. I was told it was all but impossible, and risky if they somehow got to visit.

 

How can she prove she completed her 2 years? Just show her passport?

Or should she have notified someone when she returned?

 

If that's gonna happen I reckon I'll just start selling things and move.

225565[/snapback]

Both the I-130 and I-129F ask if your relative has ever entered the USA, so I presume you've already raised the issue by checking yes. If your K3 wins the race, the DS 230 is not used prior to visa issue. However, the issue of her previous visa and return date may well come up at the interview. If so, it is likely to cause a delay until the two years have passed. Since there is no guarantee the interview will be earlier than that date anyway, you can make sure it isn't by delaying the return of your P3. You can similarly slow the CR1, should that take the lead.

 

Her passport should suffice to show she left the USA and has not returned.

[trickyspark]

That means not sending the P3 in until January?

 

Damn that stupid attorney. He told me if everything was somehow approved, she could just postpone and schedule the interview a few days after her time was up.

 

I imagine it would delay the visa, what I want to know is, once that form is mailed in and they see that, will they just put the paperwork and everything on a shelf until after the 2 years or process up until the interview?

Edited June 21, 2006 by trickyspark (see edit history)

[Guest pushbrk]

That means not sending the P3 in until January?

225578[/snapback]

I would think in terms of not sending in the P3 until around early November. A fast P3 out to interview would be 60 days. 120 is probably the long side.

 

That may actually be no delay at all. A nine month K3 is pretty normal and your is going to have an RFE. Actually, I think you'll have to get real lucky to interview in early January. If the interview is January 8, she's eligible for the visa.

[frank1538]

Ask her what her visa was during her previous stay in the US. There are certain classes of visas that require the visa holder to have resided outside the US for two years before the alien can seek another type of visa or change status. Usually, the visa category is J-1, but the prohibition may apply to other classes. Take a look at http://foia.state.gov/masterdocs/09fam/094...equirement' for more information.

 

In case you're interested, here is the law that governs this: http://www.uscis.gov/lpBin/lpext.dll/inser...t-frame.htm&2.0 (section 212(e))

 

If she is subject to the two year foreign residency requirement, there are provisions available for a waiver. Of course, it would be better to be able to answer the question "no" if that's the correct answer.

[jim_julian]

When you send in P3 just include a letter asking not to be interviewed before (date) and explain why.

 

We did that and GZ honored our request. You can't pick a date, you can't give them a window bounded by two dates, but it seems you can ask for "not earlier than".

[trickyspark]

When you send in P3 just include a letter asking not to be interviewed before (date) and explain why.

 

We did that and GZ honored our request.  You can't pick a date, you can't give them a window bounded by two dates, but it seems you can ask for "not earlier than".

225664[/snapback]

Thank you so much for telling me that such a thing can be done, I had no idea! I have searched online, called USCIS, spoke with an attorney...I always got a different answer each time, no one knew of anyone that had experienced this.

 

I believe I might actually get some sleep tongiht, those little things worry the heck outta me. Thanks for giving me some peace of mind.