josh baker
Jun 3, 2025
RFIE for J-1 wavier but I’m on an e2 visa for the last three years?!?
hi All, I got a weird RFIE today on my I-485 for a request for a j-1 wavier?! I had a j-1 back in 2010 for a 3 month trip to the USA to catch summer camps. I left came back the following year for 4 months over summer on a h2b visa. then got into the corporate world and arrived in the USA in Jan 2022 on an e2 and have maintained my non immigrant status through e2 ever since?
I’m assuming this is a filing error by the field office that has my case. because I can’t even get my I-94 records back to 2010 when I had that j-1 visa!
has anyone else experienced similar??
thanks!
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Alice hJun 3, 2025
1) J-1 waiver implies that your J-1 from 2010 had a condition that you should return to your home country and be there for at least 2 years (not nessesary consecutive, so a “gap” from when you were away on h1b is fine as soon as overall it’s at least 2 years).
2) so if you had such a visa WITH 2 years condition and DID met 2 years rule, you must submit statement and documentation on how you met that 2-years requirement. you can submit flight tickets, employment info, leases, affidavits etc, any documents that help prove and establish that you were in your home country.
3) if you had a j 1 visa WITH 2 years requirement and you DIDN’T met 2 years rule, you must to apply and get J-1 waiver which is a separate procedure, Form DS-3035 through the U.S. department of state, and/or form I-612 with uscis (idk which one is better.)
4) if you J-1 visa DIDN’T have the 2 years condition, you must prove that though submitting your DS-2019 from when you applied for the J-1 and copy of the J-1 visa itself.
5) the reason as to why they ask it only now: this 2-years thing of J-1 has zero influence on short term visas like h1b or e2. but as you’re now applying for a permanent residency, it is super important as the law say basically that - Anyone who was on J-1 visa with 2 years requirement and who didn’t met the requirement and didn’t receive a waiver from the department of state, is not eligible for permanent residency. so it’s a serious mater to take care of.
I other words, you can’t become a green card holder unless / until 1 of the following is true and duly proved:
- you did reside in your home country for at least 2 years upon your return from J-1 (again, doesn’t have to be consecutive and uninterrupted)
- you were given a waiver by the department of state from the 2 years requirement
- your J-1 never had the 2 years requirement
josh bakerJun 4, 2025
thank you so much! yes I applied for my change of status 15 years later and stayed in the uk for 12 of those years! so I’ll speak to my lawyer and we can out evidence together!
Alice hJun 4, 2025
@josh baker best of luck!
