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J1 Visa - Immigration Interview

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  • 03-04-2011, 01:57 PM
    shingyan
    J1 Visa - Immigration Interview
    Hi all,
    My wife was on a J1 Visa with the 2 years rule. She went back to her home country in March 2009 and came visit for 2 months. We began the green card process back in June and now we have an interview day in March. However, she will not fulfill the 2 years rule since she came to visit for 2 months. We tried to reschedule the interview but haven't heard anything from the consulate. We are planning to go to the interview.

    1. Should we mention to the officer ourselves that she is two months short from the 2 years?
    2. On the DS230 - I answered "NO" to "An alien who is a former exchange visitor who has not fulfilled the 2-year foreign residence requirement." since I submited the application in Feburary and thought the interview would be scheduled in May. Is there going to be a problem?
    3. I heard that sometimes the visa officer will approve the visa even it is a few months short, or they will give you a blue slip telling you to come back after the 2 years. Anyone had this kind of experience?
    4. If the officer gave us the visa, is there going to be a problem at the POE?

    Thanks for the help
  • 03-06-2011, 10:08 PM
    Mr. Knowitall
    Re: J1 Visa - Immigration Interview
    1. You should answer questions truthfully, but unless asked (including on written documents) you can be circumspect about sharing negative information.

    2. See #1. That would be an untruthful statement. If you correct it, though, you can expect the petition to be denied. Time for an immigration lawyer.

    3. I'm sure somebody has.

    4. What do you mean "visa" - didn't you say she's going for LPR status?
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