not really sure what to make of this.. :( please help...

[Josh-and-Leona 0]

Today my fiancee found this at the travel.state.gov website:

http://www.travel.state.gov/visa/temp/info/info_1288.html

Basically saying any foreigner who had a J1 visa must spend at least 2 years in their country until they can file for another type of visa..... !?!?!?

My fiancee Leona was an exchange student with a J1 visa during 2007-2008.... we sent our I-129F petition in around a month ago.... will we be denied since it hasnt been 2 years since Leona has been back in Ireland?!??

Please help me out, this is freaking me out....

[payxibka 10,047]

Today my fiancee found this at the travel.state.gov website:

http://www.travel.state.gov/visa/temp/info/info_1288.html

Basically saying any foreigner who had a J1 visa must spend at least 2 years in their country until they can file for another type of visa..... !?!?!?

My fiancee Leona was an exchange student with a J1 visa during 2007-2008.... we sent our I-129F petition in around a month ago.... will we be denied since it hasnt been 2 years since Leona has been back in Ireland?!??

Please help me out, this is freaking me out....

not all J-1's are subject to a 2 yr. HRR... This situation will not prohibit the approval of the I-129F but may impact the visa application

[laureldevine 0]

does anyone know which Visas require the two years time? my fiance is coming over on a J1 student gap-year visa, and were planning on beginning the paperwork for our marrige while he is over on that...

[hxxrmonkey 0]

The website says these conditions make the 2 year rule applicable:

* The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

* The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.

* The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

If they weren't here under any of those conditions the 2 year rule doesn't apply. If they were, it does. Ask for a waiver, probably not that difficult for Ireland or UK.

[Josh-and-Leona 0]

After looking more closely on the exemptions of the j1 implications I do not think that we apply (knock on wood)... I just hope that having a previous j1 visa does not impair our process too much I appreciate the replies!

[payxibka 10,047]

After looking more closely on the exemptions of the j1 implications I do not think that we apply (knock on wood)... I just hope that having a previous j1 visa does not impair our process too much I appreciate the replies!

previous visas do not impact the K-1 as long as you did not overstay

[Philosykos 0]

previous visas do not impact the K-1 as long as you did not overstay

I have been wondering about this... May previous visas delay the process because they will prompt extra checks? I've had two F-1 visas (for the same program, as I had gone back to Germany for "research abroad" for over a year, and had to reapply for a new visa for reentry), as well as an EAD based on OPT in the past. I never overstayed. Will USCIS spend time checking on this? I sent them copies of my passport and the EAD.

[payxibka 10,047]

previous visas do not impact the K-1 as long as you did not overstay

I have been wondering about this... May previous visas delay the process because they will prompt extra checks? I've had two F-1 visas (for the same program, as I had gone back to Germany for "research abroad" for over a year, and had to reapply for a new visa for reentry), as well as an EAD based on OPT in the past. I never overstayed. Will USCIS spend time checking on this? I sent them copies of my passport and the EAD.

I doubt it, even previous overstays do not impede the approval of the I-129F..

[Philosykos 0]

previous visas do not impact the K-1 as long as you did not overstay

I have been wondering about this... May previous visas delay the process because they will prompt extra checks? I've had two F-1 visas (for the same program, as I had gone back to Germany for "research abroad" for over a year, and had to reapply for a new visa for reentry), as well as an EAD based on OPT in the past. I never overstayed. Will USCIS spend time checking on this? I sent them copies of my passport and the EAD.

I doubt it, even previous overstays do not impede the approval of the I-129F..

Thanks, that's good to hear!

[Carlawarla 1]

Many people who have asked this question on here ended up getting back to us saying that it says specifically if it's a "2 year" home stay visa on the actual visa. Have a look and see what it says on your visa.

[Josh-and-Leona 0]

Thanks again for all the replies!. I am pretty sure that we are in the clear..... When i first scanned over the two 2 wait article it just made my heart stop for a minute....