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DS 160 question regarding prior J visa

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  • DS 160 question regarding prior J visa

    Hi. USCIS has approved our petition for a K-1 Visa and everything has been sent to the embassy in Dublin. My fiancee received the package from the embassy and instructions to fill out a ds 160 form. She has gotten to the question stating "Are you a foreign exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?" She most recently was here on a J-1 trainee visa, and in her passport and on form ds2019 it states she is not subject to the two-year rule (212e). If anyone has any advice or has had a similar experience on this - we are not sure whether to answer "yes" or "no" to this question as she was a former J visa holder (within the past two years) but it clearly states in her passport and on her ds2019 that she is not subject to rule 212(e). Thanks for your help.

  • #2
    If the "not subject..." is annotated on her J1 visa copy, she can answer "no" to the question, as it warrants a "yes" answer only if she was subject t the 2-year requirement.

    --Ray B

    Originally posted by ACyg3 View Post
    Hi. USCIS has approved our petition for a K-1 Visa and everything has been sent to the embassy in Dublin. My fiancee received the package from the embassy and instructions to fill out a ds 160 form. She has gotten to the question stating "Are you a foreign exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?" She most recently was here on a J-1 trainee visa, and in her passport and on form ds2019 it states she is not subject to the two-year rule (212e). If anyone has any advice or has had a similar experience on this - we are not sure whether to answer "yes" or "no" to this question as she was a former J visa holder (within the past two years) but it clearly states in her passport and on her ds2019 that she is not subject to rule 212(e). Thanks for your help.

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