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J1 Visa 212E problem with K1?

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Filed: Timeline

Hello everyone! Im in need of :help: My fiance is currently in the Philippines. I want to start the K1 visa process as soon as soon can be. However, she came here on a J1 visa before that had the 2 year home residency restriction on it. Its has passed 2 years since she went back home but she came visiting a couple time (6 months total). She has 4 months left remaining on the 212e requirement. I was wondering if I could start the K1 petition already while she still has not fulfilled the requirement (4 months shy). From what I read it is not allowed for someone on this particular 212 restriction to get an immigrant visa or adjust status to such. However, K1 is non immigrant then again..it has the intent of becoming an immigrant. Any help will be GREATLY appreciated. Thanks

Philip

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It depends a bit on the embassy, but yes you should be able to file for a K-1. Once it reaches the embassy you should no longer have the HRR.

keTiiDCjGVo

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