How Will the USCIS know if i fulfilled 212(e) requirement?

[Zarra]

- I came to US on J-1 visa 4 years ago (US government funded), duration of stay: 10 months 
- Studied for my bachelor's degree in another country (Not my home country, Not USA), duration: 4 years 
- Came back to USA on another J-1 visa and got married a US citizen (This time I'm not subject to 2 year rule) 

I used to go back home when i was off the school, but it is not adding up to 2 years. I've collected only 1+ year of home stay during my undergrad. 
 

Should i apply for adjustment of status here? Or should i go home and start the I-130 application for a US spouse? If i chose to do the Adjustment of status here, how will the USCIS know if i fulfilled the requirement? Thank you in advance for your response!

[pontevecchio]

It would make things immensely simple if you involved a lawyer in the matter. They will expect you to prove that you fulfilled the 2 year HRR requirement for the first J1.

[Zarra]

On 9/15/2017 at 6:01 PM, pontevecchio said:

It would make things immensely simple if you involved a lawyer in the matter. They will expect you to prove that you fulfilled the 2 year HRR requirement for the first J1.

Thank you for your reply. How will the lawyer make it simple? They can not prove that i fulfilled the 2 year requirement since i did not. 

[pontevecchio]

You are not eligible to adjust status based on what you state. If there is any possibility of finding a loophole a lawyer may help guide you. Surely you were not expecting a forum to sort out what even a lawyer may not be able to.

[Zarra]

I came to USA 4 years ago on J-1 visa with 212(e) (US Department Of State funded). After that, i went to another country (NOT MY HOME COUNTRY) to study. Occasionally i'd come to my home country during summers and winters. When i count from the stamps of my passport, I've only been to my home country for about one year since departing the USA. 

My questions: 

1) As of today, do i need to stay home one more year on top of my brief visits to fulfill the 2 year rule? Or do i need to stay 2 full years ?

2) If i decide to depart the USA and fulfill the 2 year rule back home, can i file I-130 for spousal visa ( Im married to US citizen) while simultaneously fulfilling the 2 year rule?

[JoeF]

On 9/16/2017 at 8:36 PM, Zarra said:

Thank you for your reply. How will the lawyer make it simple? They can not prove that i fulfilled the 2 year requirement since i did not. 

Then you won't be able to get a GC. You have to fulfill the HRR. Period. End of story.