J1 visa info for K1

[dirtyd301 0]

hey guys!! i need some help (thats nothin new) my fiance received a form in the mail today from Frankfurt in regards to his J1 visa. now he was not subject to the two year rule and this form does not say anything about him not being eligible for the K1. it was asking for a copy of the visa ( which he already gave with packet three) and asked if he was given any money for it by his government or the US government. he paid for the whole thing himself out of his pocket. i guess my question is if it standard that all people that were on a J1 receive this or should be worrying that there is a complication of some kind. he did have an issue while on the visa where he was missing a signature when he left for vacation and they gave him a 30 day grace period to get it corrected or he had to leave. he got it corrected and there were no problems. this actually happened twice. would this be an issue to receive a K1 or if since the visa was not revoked just revised i should not worry about this! i would really appreciate some advice!! THANKS

Diana

[meauxna 15]

It seems normal for ex Js to have to provide this information at AOS interviews or visa interviews.

They must need to double check your particulars & make sure you don't have the 2 year HRR or didn't accept gov't funding?

[goadii 0]

FWIW, my wife was a J-1 for three summers prior to coming here in late 2004.

She was not subject to the 2-year rule, and we disclosed everything at the time of the K-1 application.

Our AOS was approved through USCIS in December 2005, but we are still waiting for the final security checks. I am now thinking that perhaps the J-1s could be holding this up. It's a possiblity, but I don't know for sure either way...luck to all!

[Fischkoepfin 1]

I got that same letter from Frankfurt. They need to check if you're subject to the two-year rule before processing your visa. Tell them no and no and if provide them with all IAP-66/DS 2019s which contain the relevant information. It is at the discretion of the consulate to make the final decision (nothing to worry about in your case).

As to leaving without signatures, it happens but it is a problem because it means you raise a flag with immigration upon return to the US. He could be asked about that in the interview because it is a minor violation of his status. Again, nothing to be worried about, but good to know.

Finally, the good news. I received package 4 as soon as they had confirmation that I was eligble for a visa and had the interview about 10 days later. It won't be that fast for you, but you're almost there. Good luck!

[MPGGPM 0]

hey guys!! i need some help (thats nothin new) my fiance received a form in the mail today from Frankfurt in regards to his J1 visa. now he was not subject to the two year rule and this form does not say anything about him not being eligible for the K1. it was asking for a copy of the visa ( which he already gave with packet three) and asked if he was given any money for it by his government or the US government. he paid for the whole thing himself out of his pocket. i guess my question is if it standard that all people that were on a J1 receive this or should be worrying that there is a complication of some kind. he did have an issue while on the visa where he was missing a signature when he left for vacation and they gave him a 30 day grace period to get it corrected or he had to leave. he got it corrected and there were no problems. this actually happened twice. would this be an issue to receive a K1 or if since the visa was not revoked just revised i should not worry about this! i would really appreciate some advice!! THANKS

Diana

Not trying to make you nervous, because I am not sure of this myself, and am just trying to give you more information which you might want to read. It is in regards to a country's "skills list" . If he didn't receive funding from the government, it is possible that they are checking to see if his area of study falls into any of those categories?

It's possible, but then again I totally understand ANYONE being confused about j-1 issues, since my wife (who has one) and I have had a real headache in dealing with the rules and regulations regarding hers. The State Department is very unclear and vague about many issues regarding J-1 questions, and I have often received a response from USCIS, only to have it contradicted by the State Department, only to have that contradicted by the consulate etc.....

It IS confusing.....

The information I copied below comes from the State Department website. He obviously doesn't fall into the first category, but perhaps one of the others?

********************************************************************************

*******

Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.

********************************************************************************

*********

The website is http://travel.state.gov/visa/temp/types/types_1267.html#12 if you want to read more.

Good luck

[Fischkoepfin 1]

hey guys!! i need some help (thats nothin new) my fiance received a form in the mail today from Frankfurt in regards to his J1 visa. now he was not subject to the two year rule and this form does not say anything about him not being eligible for the K1. it was asking for a copy of the visa ( which he already gave with packet three) and asked if he was given any money for it by his government or the US government. he paid for the whole thing himself out of his pocket. i guess my question is if it standard that all people that were on a J1 receive this or should be worrying that there is a complication of some kind. he did have an issue while on the visa where he was missing a signature when he left for vacation and they gave him a 30 day grace period to get it corrected or he had to leave. he got it corrected and there were no problems. this actually happened twice. would this be an issue to receive a K1 or if since the visa was not revoked just revised i should not worry about this! i would really appreciate some advice!! THANKS

Diana

Not trying to make you nervous, because I am not sure of this myself, and am just trying to give you more information which you might want to read. It is in regards to a country's "skills list" . If he didn't receive funding from the government, it is possible that they are checking to see if his area of study falls into any of those categories?

It's possible, but then again I totally understand ANYONE being confused about j-1 issues, since my wife (who has one) and I have had a real headache in dealing with the rules and regulations regarding hers. The State Department is very unclear and vague about many issues regarding J-1 questions, and I have often received a response from USCIS, only to have it contradicted by the State Department, only to have that contradicted by the consulate etc.....

It IS confusing.....

The information I copied below comes from the State Department website. He obviously doesn't fall into the first category, but perhaps one of the others?

********************************************************************************

*******

Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.

********************************************************************************

*********

The website is http://travel.state.gov/visa/temp/types/types_1267.html#12 if you want to read more.

Good luck

This information is not relevant to dirtyd301's husband. Germany is not on the skill list. As I said before, it is normal procedure to check up on this; he should send in copies of his foreign students paperwork, and that will solve the problem.