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Hi everybody,
I've been married to an American citizen for six, almost seven years now. I'm a former Fulbright subject to the two year home residency rule.
According to the official travel records from my country, I have spent 731 days there, which is one day above the required 730.
I have applied for a Green Card with Consular Processing and I was documentarily ready in December, 2020. I also have an O1 that I use to travel to the US. Because I was living in my home country, my lawyer suggested doing Consular Processing. Then covid came, and now, it seems like it will take forever for me to get my interview (the consular post processed 10 visas last month, compared to 400 marriage visas in the last month before they shut down.)
My lawyer suggested I switch to Adjustment of Status. He thinks that my official travel records from home country are solid. But then I have two questions that he can't seem to have answers for, other than things I can find on google or straight up I Don't Knows:
1- What's the definition of two years? I have 731 days, but that includes the days I left the country, and the days I entered the country (it's literally the days where they scanned my passport.)
2- If the day of entry and day of exit don't count, and I apply for AOS, when I get my work/travel card, can I then go to my home country and spend a few more days there to fulfill the 730 days, before my interview?
Bonus question: do I need a better lawyer?
Thank you!
I've been married to an American citizen for six, almost seven years now. I'm a former Fulbright subject to the two year home residency rule.
According to the official travel records from my country, I have spent 731 days there, which is one day above the required 730.
I have applied for a Green Card with Consular Processing and I was documentarily ready in December, 2020. I also have an O1 that I use to travel to the US. Because I was living in my home country, my lawyer suggested doing Consular Processing. Then covid came, and now, it seems like it will take forever for me to get my interview (the consular post processed 10 visas last month, compared to 400 marriage visas in the last month before they shut down.)
My lawyer suggested I switch to Adjustment of Status. He thinks that my official travel records from home country are solid. But then I have two questions that he can't seem to have answers for, other than things I can find on google or straight up I Don't Knows:
1- What's the definition of two years? I have 731 days, but that includes the days I left the country, and the days I entered the country (it's literally the days where they scanned my passport.)
2- If the day of entry and day of exit don't count, and I apply for AOS, when I get my work/travel card, can I then go to my home country and spend a few more days there to fulfill the 730 days, before my interview?
Bonus question: do I need a better lawyer?
Thank you!
