Can we file IR1/CR1 petition while i am in J-1 residence requirement?

[fall4her 0]

Hi guys!

I went to US with J-1 last year. My 2yr home residence requirement will be fulfilled in Dec 2010.

so can we file IR1/RC/K3...etc petition sometime before that? what if my visa is approved before Dec 2010? Can i still get the visa and wait until Dec 2010 then go to America?

Thanks in advance!

[letty 1]

Hmm.....if I remember it right you can apply, but at the end the process will be denied if you have not fulfilled the 2-year home stay requirement. I came here on a J-1 in 2004-2005. Filed a petition to have the 2-year residency requirement waived since it was placed on the J-1 by mistake (I still had to pay for the waiver). This process took forever because they kept losing documents. We got married in 2007 so I already had fulfilled the 2-years, but they asked me in 2008 at my interview at the embassy if I had filed a waiver and wanted to see all the documents related to the J-1 visa. I can't remember exactly how it all worked, but I think it tells you on the J-1 itself what the regulations are.

Letty

[letty 1]

http://frwebgate.access.gpo.gov/cgi-bin/ge...3&TYPE=TEXT

hopefully this gives you some information...

Letty

[pushbrk 13,143]

Hi guys!

I went to US with J-1 last year. My 2yr home residence requirement will be fulfilled in Dec 2010.

so can we file IR1/RC/K3...etc petition sometime before that? what if my visa is approved before Dec 2010? Can i still get the visa and wait until Dec 2010 then go to America?

Thanks in advance!

You can file the petition, then make sure the interview occurs after the requirment is fulfilled. They will not issue the visa until then.

[fall4her 0]

Hi guys!

I went to US with J-1 last year. My 2yr home residence requirement will be fulfilled in Dec 2010.

so can we file IR1/RC/K3...etc petition sometime before that? what if my visa is approved before Dec 2010? Can i still get the visa and wait until Dec 2010 then go to America?

Thanks in advance!

You can file the petition, then make sure the interview occurs after the requirment is fulfilled. They will not issue the visa until then.

it may sound silly, but how do I make sure the interview occurs after the requirement?

many thanks in advance!

[pushbrk 13,143]

Hi guys!

I went to US with J-1 last year. My 2yr home residence requirement will be fulfilled in Dec 2010.

so can we file IR1/RC/K3...etc petition sometime before that? what if my visa is approved before Dec 2010? Can i still get the visa and wait until Dec 2010 then go to America?

Thanks in advance!

You can file the petition, then make sure the interview occurs after the requirment is fulfilled. They will not issue the visa until then.

it may sound silly, but how do I make sure the interview occurs after the requirement?

many thanks in advance!

Then once you understand the process, you'll see where you have control of the timing.

[azer_2000 1]

I was on J1 as well but my FBI name check took too long so I did complete the 2 year residency requirement by time I had my interview. I was searching a lot over here and online about this type of situation. From what I understand is that your visa will not be denied but you will be told at the interview to obtain J1 waiver or wait till your 2 years are completed. Also there were cases reported where ppl still had 5-6 months to complete their home residency but they were granted visa anyway.

good luck

[fall4her 0]

thanks guys or i should say ladies! you've been very helpful!