Hi,
My question is about proving that the 2-year home residency requirement from a J-1 visa has been fulfilled, in order to apply for an adjustment of status to become a permanent resident.
My wife originally came to the US on a J-1 visa for two years for her MA. She then left for three months and returned on an F-1 visa to continue with her PhD. She has been on the F-1 visa for four years while pursuing her PhD. By next year she will have accumulated enough time to fulfill the two year home residency requirement through summers at home (after J-1 visa was no longer active but while F-1 was active) as well as 1.5 years abroad conducting dissertation research with no active visa (F-1 currently inactive). We plan to return to the US early next year, after fulfilling the 2 years, and at that point apply for her green card.
The question is, will we be required to prove that she was out of the US for two years? IF so, what is required? Are passport stamps and flight itineraries enough? Will we submit proof with the I-485 or will the immigration officers contact us or figure it out themselves? What's the best course of action in this case?
Any insight would be greatly appreciated. Thanks!
My question is about proving that the 2-year home residency requirement from a J-1 visa has been fulfilled, in order to apply for an adjustment of status to become a permanent resident.
My wife originally came to the US on a J-1 visa for two years for her MA. She then left for three months and returned on an F-1 visa to continue with her PhD. She has been on the F-1 visa for four years while pursuing her PhD. By next year she will have accumulated enough time to fulfill the two year home residency requirement through summers at home (after J-1 visa was no longer active but while F-1 was active) as well as 1.5 years abroad conducting dissertation research with no active visa (F-1 currently inactive). We plan to return to the US early next year, after fulfilling the 2 years, and at that point apply for her green card.
The question is, will we be required to prove that she was out of the US for two years? IF so, what is required? Are passport stamps and flight itineraries enough? Will we submit proof with the I-485 or will the immigration officers contact us or figure it out themselves? What's the best course of action in this case?
Any insight would be greatly appreciated. Thanks!