Filing AOS and 2 year Residency Requirement

[ErinMeetsJohny 0]

Okay here it goes...Me and my husband just got married april 15th, he just back back two weeks ago after being in his country for about 9 months. He came back on a k-1 visa. Here is the problem i am facing at this time. He was not supposed to come back for two years due to a J-1 visa 2 year HRR, however, to my suprise they granted him the K-1 visa anywayz and he re-entered the country. So now we are filing our AOS within the next two weeks and I was wondering if this 2 year HRR is going to be a problem. I thought that they were very strict on the 2 yr HRR but they let him enter back into the U.S. I was wondering if I should apply for the 2 yr HRR waiver from haiti or just not bother because he was already allowed back on a K-1 visa.

Help please!!!

[Bobby+Umit 161]

I would get an INFOPASS appointment with USCIS and see what they say.

But since he came in under a different Visa, (k-1), that may be the difference why they let him come in under it.

when you filled out your 129F package, did you have any info on the J-1 included in it?

[payxibka 10,047]

Okay here it goes...Me and my husband just got married april 15th, he just back back two weeks ago after being in his country for about 9 months. He came back on a k-1 visa. Here is the problem i am facing at this time. He was not supposed to come back for two years due to a J-1 visa 2 year HRR, however, to my suprise they granted him the K-1 visa anywayz and he re-entered the country. So now we are filing our AOS within the next two weeks and I was wondering if this 2 year HRR is going to be a problem. I thought that they were very strict on the 2 yr HRR but they let him enter back into the U.S. I was wondering if I should apply for the 2 yr HRR waiver from haiti or just not bother because he was already allowed back on a K-1 visa.

Help please!!!

2 yr HRR relates to visa issuance... if they gave him a visa then it must not be a problem....

He is here... simply adjust status....

BTW, USCIS has nothing to do with visa restrictions such as 2 yr HRR... since USCIS does not issue visas

[ErinMeetsJohny 0]

I would get an INFOPASS appointment with USCIS and see what they say.

But since he came in under a different Visa, (k-1), that may be the difference why they let him come in under it.

when you filled out your 129F package, did you have any info on the J-1 included in it?

Yes we put down that he had a j-1 visa and the dates and what not. his passport even says that he is subject to a 2 year HRR, and i have read that with k-1, and k-3 are usually denied if no waiver is obtained but i guess we were one of the lucky ones. i cant afford a waiver and the AOS so i think we will just file for status change and will be fine...Thank you!