Jump to content
JT114881

J1 and I-130

By JT114881 in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

1 post in this topic

Recommended Posts

JT114881 Explorer

JT114881   2

Posted
Filed: Other Timeline
Posted

My fiance and I are getting married in 6 days in the Philippines. My fiance and I met in America when she was there on job training. As a result of that training, she has a J1 two year restriction on her visa. The 2 year restriction started June of last year so she has a little over a year left. The Philippines CFO website states that if the filipina is married to a US citizen, (which I am), they will waive the 2 year rule, or at least issue the no objection letter. My question is, can I file the I-130 and the 2 year waiver application (both to their respective processing centers) at the same time or do I have to wait for her 2 year rule to be completely removed before I can file for the I-130? I was told by an immigration officer that I would be able to file the I-130, the only difference is she wouldn't be able to adjust her status until the 2 year rule was removed, however the I-130 would not be denied despite a pending 2 year waiver request.

I have heard the waiver process takes about 2-3 months so I assume by the time the I-130 is approved, the J1 restriction would already be waived. Can anyone confirm this?

Also on an additional note:

I would like to file for K3 on top of the I-130 to speed up her getting to america. Would that be denied if the 2 year restriction has not yet been removed?

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...