Do I need to supply my DS-2019 despite the fact it's over?

[lukefromireland]

Hi,

I was on a j-1 graduate visa in 2015, 2016. I came back to the US in December 2017 and ended up getting married.

On the instruction document for I-485 it states the following:

"Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States
Anyone applying under the following immigrant categories must submit evidence to show they have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees under the Diversity Visa Lottery program.

Acceptable evidence may include, but is not limited to, copies of the following documents:

D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages containing notations by authorized exchange visitor program officials;

(I didn't paste all the forms of evidence as only D applies to me)

Include evidence for every time you entered the United States and for the time periods spent in the United States. See
the Additional Instructions for information on whether your specific immigrant category requires this evidence."

So should I submit the DS-2019?

In fact have been admitted to the US several times:

-J-1 2012
-left and re-entered on that J-1 in 2012
-1 month visit on ESTA in 2013
-2 month visit on ESTA in 2014
-J-1 graduate visa (DS-2019) in 2015/2016
-left and re-entered three times on the J-1 graduate visa (DS-2019), twice to mexico and once to canada.
-2 week visit in 2017 on ESTA
-Been on ESTA from Dec 2017 until now.

Do I need to provide evidence of all of the above? How? Flight booking emails? Passport stamps? Visa pages in my passport?

Thank you

[Usform007]

Hi,

I was on a j-1 graduate visa in 2015, 2016. I came back to the US in December 2017 and ended up getting married.

On the instruction document for I-485 it states the following:

"Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States
Anyone applying under the following immigrant categories must submit evidence to show they have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees under the Diversity Visa Lottery program.

Acceptable evidence may include, but is not limited to, copies of the following documents:

D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages containing notations by authorized exchange visitor program officials;

(I didn't paste all the forms of evidence as only D applies to me)

Include evidence for every time you entered the United States and for the time periods spent in the United States. See
the Additional Instructions for information on whether your specific immigrant category requires this evidence."

So should I submit the DS-2019?

In fact have been admitted to the US several times:

-J-1 2012
-left and re-entered on that J-1 in 2012
-1 month visit on ESTA in 2013
-2 month visit on ESTA in 2014
-J-1 graduate visa (DS-2019) in 2015/2016
-left and re-entered three times on the J-1 graduate visa (DS-2019), twice to mexico and once to canada.
-2 week visit in 2017 on ESTA
-Been on ESTA from Dec 2017 until now.

Do I need to provide evidence of all of the above? How? Flight booking emails? Passport stamps? Visa pages in my passport?

Thank you

I think you should submit it to justify your presence in those years in US.

[lukefromireland]

I think you should submit it to justify your presence in those years in US.

Flight booking emails too?

[Usform007]

Flight booking emails too?

I dont think so! It was a requirement for you to stay 2 years home, given J1 visa?

[lukefromireland]

I dont think so! It was a requirement for you to stay 2 years home, given J1 visa?

Not all J1 visa have the requirement where you have to stay out of the US for 2 years. Thankfully mine says "bearer is not subject to section 212(E) two year rule does not apply"

[Usform007]

Not all J1 visa have the requirement where you have to stay out of the US for 2 years. Thankfully mine says "bearer is not subject to section 212(E) two year rule does not apply"

I highly suggest to check the status with DOS regardless what visa or ds-2019 says. Checking your status doesnt make you subject of the rule.

[newacct]

Hi,

I was on a j-1 graduate visa in 2015, 2016. I came back to the US in December 2017 and ended up getting married.

On the instruction document for I-485 it states the following:

"Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States
Anyone applying under the following immigrant categories must submit evidence to show they have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees under the Diversity Visa Lottery program.

Acceptable evidence may include, but is not limited to, copies of the following documents:

D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages containing notations by authorized exchange visitor program officials;

(I didn't paste all the forms of evidence as only D applies to me)

Include evidence for every time you entered the United States and for the time periods spent in the United States. See
the Additional Instructions for information on whether your specific immigrant category requires this evidence."

So should I submit the DS-2019?

In fact have been admitted to the US several times:

-J-1 2012
-left and re-entered on that J-1 in 2012
-1 month visit on ESTA in 2013
-2 month visit on ESTA in 2014
-J-1 graduate visa (DS-2019) in 2015/2016
-left and re-entered three times on the J-1 graduate visa (DS-2019), twice to mexico and once to canada.
-2 week visit in 2017 on ESTA
-Been on ESTA from Dec 2017 until now.

Do I need to provide evidence of all of the above? How? Flight booking emails? Passport stamps? Visa pages in my passport?

Thank you

What category are you applying in?

[lukefromireland]

I highly suggest to check the status with DOS regardless what visa or ds-2019 says. Checking your status doesnt make you subject of the rule.

I am back in the US for the second time on an ESTA since the J-1 Visa expired. Wouldn't they have rejected me if I were subject to the 2 year ban? Regardless I can check as you highly recommend it despite my visa stating that I am not subject to the 2 year rule.

Regarding the I-485 instruction it states:

"Include evidence for every time you entered the United States and for the time periods spent in the United States. See
the Additional Instructions for information on whether your specific immigrant category requires this evidence."

How can I indicate the time periods spent there without providing flight info? I suppose my I-94 travel history will suffice?

Thank you

[lukefromireland]

What category are you applying in?

Hi,

Meaning how am I in the US now? ESTA

or how I'm applying for AOS? Wife is petitioning

Sorry, I'm terrible with the jargon

[newacct]

I am back in the US for the second time on an ESTA since the J-1 Visa expired. Wouldn't they have rejected me if I were subject to the 2 year ban?

The 2-year home residency requirement prevents you from getting H or L work visa status, or permanent residency. It doesn't prevent you from entering the US in any other nonimmigrant status.

or how I'm applying for AOS? Wife is petitioning

Your wife is a US citizen? (I guess it must be if you are AOSing from VWP.) If so, you are in the Immediate Relative category and you don't need to provide evidence of maintaining status in the past (since it is not relevant for AOS in this category). Your category is not one of the categories listed as having to do this in the instructions.

[lukefromireland]

The 2-year home residency requirement prevents you from getting H or L work visa status, or permanent residency. It doesn't prevent you from entering the US in any other nonimmigrant status.

I see, good to know.

Your wife is a US citizen? (I guess it must be if you are AOSing from VWP.) If so, you are in the Immediate Relative category and you don't need to provide evidence of maintaining status in the past (since it is not relevant for AOS in this category). Your category is not one of the categories listed as having to do this in the instructions.

Oh I see! it says "family-based preference category", so that's not the same as immediate relative?

Thanks for your help

[newacct]

Oh I see! it says "family-based preference category", so that's not the same as immediate relative?

Thanks for your help

Correct. Immediate Relative is not a family-based preference category. The family-based preference categories are F1, F2, F3, and F4, which have annual quotas. Immediate Relative is completely separate.

[lukefromireland]

Correct. Immediate Relative is not a family-based preference category. The family-based preference categories are F1, F2, F3, and F4, which have annual quotas. Immediate Relative is completely separate.

Awesome! thanks newacct!

[Usform007]

I am back in the US for the second time on an ESTA since the J-1 Visa expired. Wouldn't they have rejected me if I were subject to the 2 year ban? Regardless I can check as you highly recommend it despite my visa stating that I am not subject to the 2 year rule.

Regarding the I-485 instruction it states:

"Include evidence for every time you entered the United States and for the time periods spent in the United States. See
the Additional Instructions for information on whether your specific immigrant category requires this evidence."

How can I indicate the time periods spent there without providing flight info? I suppose my I-94 travel history will suffice?

Thank you

Remember this is my opinion based on personal or others experience. Check online whether you are or not subject and then you can request for opinion from DOS.

I dont have information regarding ESTA.

Good luck.