applying for K1- F1 and Visitors Visa before- is that going to be a problem?

[kiwie 0]

Hey.

I'm so thankful for this and it's really encouraging to read all of you guys' experiences and stuff.

Nevertheless I have a question about something that I couldn't find a topic on.

I met my fiance in 2006 but we lost contact. When I went to the States on a F1 Visa in 2007 we met again and everything happened from there. I studied for a semester and adjusted my status to a visitors visa because I attended a bible school from my local church in Minneapolis.

I did not overstay or anything. Spent Christmas with him and his family in Kansas City and flew back home.

Since then I've been going to school here and will be until we are done with our visa process.

I'm planning on visiting him in August for my summer break, which means for about 70 days.

My question is...

Does anyone of you think that we might run into problems?

Or does it sound doable?

Might it take longer because I've had a visa before or even a shorter amount of time cause I'm already in their system?

And what about this whole...I have to stay in my home country for 2yrs?

thank you sooo much

I'm just very confused at this point.

[payxibka 10,045]

If your visa was issued subject to the two year HRR requirement then you are required to fullfill this obligation (or seek a waiver) but I do doubt based on your description you are subject to it, but it is important to check this out.

Edited June 17, 2008 by fwaguy

[BigCityDave 0]

No, K1 Visa should not be affected at all. They might question you about your stays here in America and all you have to do is be honest with them.

[kiwie 0]

How exactly do I check this?

I looked through all my files and my visa and it didn't say anything!

[kiwie 0]

Thanks...I also figured if we'll include all the dates of when we met again it will be very obvious that I didn't even extend my stay/changed my status because of him.

[payxibka 10,045]

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.

[stardusted 0]

I met my Other Half when in the States on a J-1 and I returned to American twice after that on J-1 visas as well. I visited once on a B1/B2. It states clearly on my J-1 visas that I am not subject to the two-year foreign residency requirement. Check your original F-1 visa and see if you are exempt.

And as long as you were in America with the right visas for the right reasons and can prove it, I don't think you'll have a problem with the K-1 petition.

[payxibka 10,045]

I met my Other Half when in the States on a J-1 and I returned to American twice after that on J-1 visas as well. I visited once on a B1/B2. It states clearly on my J-1 visas that I am not subject to the two-year foreign residency requirement. Check your original F-1 visa and see if you are exempt.

And as long as you were in America with the right visas for the right reasons and can prove it, I don't think you'll have a problem with the K-1 petition.

With a two year HRR the petition is not the issue.... the USCIS will not even consider this... This issue (if applicable) would only present itself at the consulate stage.