Fiancee had J1 Visa, Will this cause problems???

[oldahmed 38]

I just returned from the US being an Au Pair for 18 months. On your fiancee's DS-2019 on the very bottom left of her document it will show you if she is subject to the HHR. I wasn't. If I am informed correctly, the HHR only applies if the applicant is financially supported by a German company/government, because they want the applicant to work in Germany and contribute with the knowledge they paid for.

Good luck with everything,

Fran

I have a question. on the G-325A form, on the employment history part, did you put down working as an au-pair in the U.S. or how did you do it? Thank you.

[Gary and Alla 3,694]

Hello everyone,

I've been reading posts here for a while now, but this is my first post! Let me start with some background info to make this easier. I'm in the military and have been stationed in Germany for the last 3 years. My fiancee is a German citizen and is still in Germany. She spent last year in America on a J-1 Visa as an Au Pair. I believe that part of her trip was funded by a 3rd party company (Au Pair in America). She returned to Germany in July of 2008. I'm set to return to the States in December. We want to apply for the K-1 Visa as soon as I return.

My question is: Will the J-1 visa interfere with getting a K-1 visa? I've read another post where others were having problems and had to wait for a 2 year period. I think it was called 2 Year Home Residency Requirement.

If you can answer that question, I have a few more... Can I start the K-1 process when I get back in December, and just have to wait for a final approval after July 2010?

And yet another question.... She plans to visit some friends in the States this summer for a 2 month period on a regular tourist visa. Will this add to the potential 2 year waiting period?

Last question, I swear! After hearing our situation, would getting married in Germany before my return to the States, and applying for a K-3 Marriage visa once a return be a better alternative? I do not know if this 2 Year wait would also apply for a K3 visa.

Thanks for reading my long post.

Au Pairs CAN be subject to a two year residency if the trip was paid for by a 3rd party. If there is a two year residency requirment it should say so on the visa. YES, if there is a two year residency requirement it will interfere with ANY other visa. I think you can request a waiver, bu tI personally know several couples that tried and were unsuccessful in that. Some waited out the two years, in a couple of cases the USC went to there country, got married and later filed for a DCF

[SCFsnoopy 0]

I have a question. on the G-325A form, on the employment history part, did you put down working as an au-pair in the U.S. or how did you do it? Thank you.

Do feel free to start your own threads if you have a specific question, Oldahmed This thread is a couple months old but I'm replying for your sake just in case you don't see my reply to your PM (and for anyone else reading).

I worked as an au pair in the US and I put that down on my G-325A. Under full name and address of employer I put "The <Host> Family: <Host family address>, <state>, USA", occupation, "Au Pair", from "April 2007" to "April 2008".

Also, in the "how did you meet your fiancee" question on the I-129F it is mentioned that I met Jesse while working as an au pair in the US, so it's going to be obvious to anyone reviewing our file that I was an au pair over there. There's nothing wrong with it, I was there legally, didn't overstay, etc.

FYI, I was also sponsored by a third party company, Cultural Care Au Pair. I did pay them a hefty amount in fees (almost $3000) but they were technically my sponsors for the J-1 visa. I was not subject to the 2 year HRR, and you'll find whether you are or not by looking at the visa stamped in your passport - it says it right across the bottom (in my case, "BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY.")

Hope that helps