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Fulfilling 2 year home requirement in non-citizenship country?

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  • Fulfilling 2 year home requirement in non-citizenship country?

    My husband came to the US on a J-1 visa 10 years ago as an exchange student. A little bit of background: he is a citizen of Jordan. However, he has been a resident of Qatar since the age of 6. He went on the exchange as a representative of Qatar (aka the agreement was between the US and Qatari governments). My husband left the US to return to Qatar over a year ago (he is finishing the 2 year requirement). However, he is worried that he has to spend it in Jordan, because he’s not a citizen of Qatar. I’ve spoken to several lawyers and I keep getting different answers. But I’ve been told we can technically argue either way.
    He doesn’t have the original documents or visas (it was 10 years ago and he was 15).
    Have any of you experiences anything like this?
    I believe since the exchange agreement was between the US and Qatar, it makes sense he finishes the 2 years there, his country of residence.

  • #2
    Only physical presence in the home country counts, not presence in any other country. The home country is the country of nationality at the time he got J1, or the country of last residence at the time he got J1 if it's different from his country of nationality. See 9 FAM 302.13-2(B)(1)

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Only physical presence in the home country counts, not presence in any other country. The home country is the country of nationality at the time he got J1, or the country of last residence at the time he got J1 if it's different from his country of nationality. See 9 FAM 302.13-2(B)(1)
      Thank you for your reply. Maybe I was not clear above. His country of citizenship is Jordan. However, his country of residence at the time of J1 was Qatar. So he is completing the 2 year requirement in a Qatar.
      So it’s all good?

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      • #4
        Originally posted by Triplej View Post

        Thank you for your reply. Maybe I was not clear above. His country of citizenship is Jordan. However, his country of residence at the time of J1 was Qatar. So he is completing the 2 year requirement in a Qatar.
        So it’s all good?
        Yes, it sounds like it

        This is my personal opinion and is not to be construed as legal advice.

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