J1 visa a problem?

[AndrewZweifel 0]

Hey All

I was wondering if my Fiance having recieved a J1 visa previously in Nov 2004 is going to cause any problem for her to get a K1 visa?

Thanks for any help

[William33 110]

Believe a J-1 visa is a, non-immigrant seasonal work visa. Surmising that she left at the conclusion of the visa, I would see no issue there.

[Ladylethal 12]

The only thing that could come up is the two year rule, meaning that she would have to stay in her country for at least 2 years before applying for another visa. Tell her to check the J1 visa, it should state there if the two year rule is not applied to her. Mine says so (Not subject to two year rule).

[William33 110]

Should not make any difference, this is a totally different class of visa. Working visa versus intent to immigrate visa.

The only thing that could come up is the two year rule, meaning that she would have to stay in her country for at least 2 years before applying for another visa. Tell her to check the J1 visa, it should state there if the two year rule is not applied to her. Mine says so (Not subject to two year rule).

[Ladylethal 12]

Some student visas fall under the two year rule.

[William33 110]

Some student visas fall under the two year rule.

I cannot find the "rules" about the J-1 Visa.

But, here is the description of the J visa from USCIS:

(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying him or following to join him;

[NEDO2 0]

The J1 visa will cause some delays in the issuance of the K visa if the bearer is subject to the two year rule. Everyone can be subject to the rule. The main causes are usually the source of the J1 program fundings or the field of studies in the US.

Your fiancée can check the annotations of the J1 visa and see if they say" subject/not subject to the 2 year rule.[Country that will satisfy the rule] " or the DS2019.

Good luck

Some student visas fall under the two year rule.

I cannot find the "rules" about the J-1 Visa.

But, here is the description of the J visa from USCIS:

(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying him or following to join him;

check the INA 212 e

[William33 110]

Well, it appears the interview is in 12 days. Suggest you take quick look at the visa...

Good luck.

[Yodrak 7]

William,

Referred to as an 'Exchange Visitor' visa, and often conditioned on a 2-year home country physical presence requirement. See 9 FAM 41.62 Notes, N3.2.

Yodrak

Believe a J-1 visa is a, non-immigrant seasonal work visa. Surmising that she left at the conclusion of the visa, I would see no issue there.

[William33 110]

I stand corrected. Either way, with the "often conditioned on a 2-year home country physical presence requirement" and a short lead time for the K-1 interview, they ought to be looking at the J-1 visa conditions imposed. If any.

William,

Referred to as an 'Exchange Visitor' visa, and often conditioned on a 2-year home country physical presence requirement. See 9 FAM 41.62 Notes, N3.2.

Yodrak

Believe a J-1 visa is a, non-immigrant seasonal work visa. Surmising that she left at the conclusion of the visa, I would see no issue there.

My rationale in calling the J-1 a seasonal working visa was based upon the first item listed for it's use.

Obviously, I have no way of knowing the reasons for the issuance.

Activities covered by J-1 visa programs include:

Au-pair and Nanny

Summer camp counselors and staff

Post-graduate students

Government visitors

Medical students coming to the United States as residents or interns

Foreign scholars sponsored by universities as temporary faculty

Business and Industrial trainees

Anyone who takes part in a exchange program approved by the U.S. Department of State

[AndrewZweifel 0]

Thank you to everyone trying to help. My head is spinning right now. I just looked at it and it says the two year rule appplies.

She did get a tourist visa 7 months ago though. I don't understand how she got that if the two year rule applied.

[William33 110]

Well, it seems you solved the J-1 mystery. You are good to go now....

May your Fiances interview come off with flying colors.... Red, white and blue colors, that is!!!!!

Thank you to everyone trying to help. My head is spinning right now. I just looked at it and it says the two year rule appplies.

She did get a tourist visa 7 months ago though. I don't understand how she got that if the two year rule applied.

[Alex+R 0]

Rey was trying to get a J1 visa until it was denied recently (hence the K1, although we planned to get married in the future)... I looked into this, but this is just my impression (I'm not an expert). if the 2-year rule applies, she cannot enter on the K1. Also in one of your packets she should have checked a box on a form that said she was not subject to the two year rule. This in effect was actually wrong?

She must have stayed in her home country for 2 whole years (excluding time spent out of that country--this does not just mean time spent out of the US) before she is eligible to even apply for a visa.

Luckily, there is a 2-year-requirement waiver. Marriage is usually not an acceptable reason for a waiver, and waivers are usually not available to people who received funding from the US gov't or their home gov't, or work in the healthcare field. But there is a waiver for people who don't fall into those categories based solely on the home country not caring if she returns or not. I don't have a good link.

Good luck! I hope this all works out

[Yodrak 7]

AndrewZweifel,

There's some critical information that you have not provided and we have not yet asked for. Let's begin with

- did she enter the USA using the J-1 visa?

- if she did, when did she leave?

Yodrak

Thank you to everyone trying to help. My head is spinning right now. I just looked at it and it says the two year rule appplies.

She did get a tourist visa 7 months ago though. I don't understand how she got that if the two year rule applied.

[AndrewZweifel 0]

she entered on Nov 9th of 2004 and her visa expired 13 of Dec 2004