Looking for some K-1 Visa Advice

[Can't wait 0]

I have completed the petition for the K-1 visa, but I have not submitted it because I am waiting to find out whether or not it is worth doing. She was a foreign exchange student to the U.S. and is subject to the 2 year home stay rule.

I am hoping someone can tell me if I can submit the petition, and have her apply for her waiver.

I am just at a loss, and can't seem to find information stating that the petition will be denied automatically; I guess when it comes to her interview if she hasn't received the waiver, she will be denied at that point. Like I said I am very unsure about this, and really could use some help.

Thank you for any and all help provided.

Have a nice day.

Jacob

[VeraVimes 5]

I'm afraid I can't help you with this, but I will bump you back to the top of the thread list. Good luck with your petition!

[Can't wait 0]

I am hoping someone may be able to give me a hand here. I know it may be a tall order, but I am still stuck at the mailing in of the petition because of this. I really want to be able to get the ball rolling, and this is the last obstacle in my way.

Once again, she is a Chinese citizen that was a foreign exchange student to the U.S. She is subject to the 2 year home stay, and we are looking for advice on applying for the waiver for the 2 year home stay. I have tried contacting many Chinese and American embassies, all of which seem to send me to different departments.

The other question I have is, whether or not it I can submit her petition to come to the States, and we work on getting the waiver before her actual interview date.

Any help is appreciated, and I thank you all in advance.

Have a nice evening.

Jacob

[Ryan H 3,834]

This is the customer service line for USCIS: 1-800-375-5283.

I suggest you call them and explain to them that your fiancee is subjected to the 2 year residency requirement, then ask them this question, "does the required wiaver need to be granted before I can file the I-129F on her behalf?"

You can then proceed accordingly based on what they tell you.

Good luck and best wishes.

[xiaozhu 4]

Hi Jacob,

Let your Fiancee read the instruction on the website of Chinese embassy/consulate in USA about how to get J-1 waived, like website: http://www.sino-education.org/studyabroad/J1.htm. It clearly shows J-1 waiver eligibility and how to do it. If your finance qualifies, then she need to follow the instruction there to prepare all documents. It usually takes about 6-8 months to get J-1 waived. If your finance is not eligible for waiver, then she has to stay in China an aggregate period of two years before she is eligible for any immigration visa. I suggest you check her eligibility out as soon as possible. Also your fiancee can go to immigration forum at backchina.com or MIT BBS where may have information about how to process J-1 waiver.

Whatever she is eligible for J-1 waiver not now, you definitely can submit your petition first. The approval of the petition is not related with her J-1 status. But J-1 status might affect whether she can get K-1 visa at Guangzhou USA embassy because although K-1 is non-immigration visa, it is supposed that she will adjust her status after you two get married in USA. However K-1 visa is valid for two years. I suggest you check out K-1 visa requirement at USCIS for details. If she get K-1 visa but her J-1 not waived, she can come back China after you get married to complete two-year home-stay. At that time, you may apply CR-1/IR-1 visa for her.

That is what I know about J-1 waiver. Good luck.

[xiaozhu 4]

If she gets K-1 visa but no waiver yet, you two can continue work on it in USA before she adjusts her status in USA. If she get K-1

Edited October 16, 2010 by xiaozhu

[xiaozhu 4]

Hi Jacob,

Let your Fiancee read the instruction on the website of Chinese embassy/consulate in USA about how to get J-1 waived, like website: http://www.sino-education.org/studyabroad/J1.htm. It clearly shows J-1 waiver eligibility and how to do it. If she qualifies, then she needs to follow the instruction there to prepare all documents. It usually takes about 6-8 months to get J-1 waived. If she is not eligible for waiver, then she has to stay in China an aggregate period of two years before she is eligible for any immigration visa. I suggest you check her eligibility out as soon as possible. Also she can go to immigration forum at backchina.com or MIT BBS where may have information about how to process J-1 waiver.

Whatever she is eligible for J-1 waiver or not, you definitely can submit your petition first. The approval of the petition is not related with her J-1 status. But her J-1 status might affect whether she can get K-1 visa at USA Guangzhou embassy because although K-1 is non-immigration visa, it is supposed that she will adjust her status after you two get married in USA. However K-1 visa is valid for two years. I suggest you check out K-1 visa details at USCIS.

If she gets K-1 visa but her J-1 not waived yet, you two can continue work on it in USA before she adjusts her status in USA. If she gets K-1 visa but not eligible for J-1 waiver, then she needs to come back China to fulfill homestay. At that time, you can apply IR-1/CR-1 visa for her.

That is what I know about J-1. I suggest you two take a try since K-1 is a non-immigration visa!! Good luck!

P.S. Because I am new to this Forum, my reply was posted before I finish editing. Sorry for multiple posts.

Edited October 16, 2010 by xiaozhu

[Can't wait 0]

All of this is really nice to hear. I had put so much time into getting everything ready to submit, and then this 2 year home stay kind of deflated all of my happiness.

Thank you for all of the information. It answered all of my questions and then some. Honestly, I think I will try and mail her petition today. I am really happy now.

Thank you again for all of your help. I appreciate it so much, and I know she will when I tell her the great news.

Thank you, and have a nice day.

Jacob

[JimVaPhuong 4,863]

Hi Jacob,

Let your Fiancee read the instruction on the website of Chinese embassy/consulate in USA about how to get J-1 waived, like website: http://www.sino-education.org/studyabroad/J1.htm. It clearly shows J-1 waiver eligibility and how to do it. If your finance qualifies, then she need to follow the instruction there to prepare all documents. It usually takes about 6-8 months to get J-1 waived. If your finance is not eligible for waiver, then she has to stay in China an aggregate period of two years before she is eligible for any immigration visa. I suggest you check her eligibility out as soon as possible. Also your fiancee can go to immigration forum at backchina.com or MIT BBS where may have information about how to process J-1 waiver.

Whatever she is eligible for J-1 waiver not now, you definitely can submit your petition first. The approval of the petition is not related with her J-1 status. But J-1 status might affect whether she can get K-1 visa at Guangzhou USA embassy because although K-1 is non-immigration visa, it is supposed that she will adjust her status after you two get married in USA. However K-1 visa is valid for two years. I suggest you check out K-1 visa requirement at USCIS for details. If she get K-1 visa but her J-1 not waived, she can come back China after you get married to complete two-year home-stay. At that time, you may apply CR-1/IR-1 visa for her.

That is what I know about J-1 waiver. Good luck.

The information about the J1 waiver above is basically correct. The information about the K1 is definitely not. The K1 is not valid for two years - it expires as soon as the visa holder enters the US because it's a single use visa. The I-94 they receive on entry is valid for 90 days. They have to marry within those 90 days in order to be eligible to adjust status. However, they won't be able to adjust status if they are still subject to the J1 HRR, and they won't be able to return to their home country to fulfill the HRR requirement because they cannot leave the US and return with the K1 visa. They are essentially stuck in the US, unable to adjust status and unable to leave and fulfill their HRR requirement. Their only option would be to try to obtain the waiver while they're in the US. Because of this, consulates usually won't issue a K1 to someone who is subject to the two year HRR.

You were probably thinking about the K3 visa, which is valid for two years and allows multiple entries. K3's are rarely granted anymore. The OP wouldn't be eligible for a CR1 because of the J1 HRR. Both the K3 and CR1 are spousal visas. The applicant must already be married.

[xiaozhu 4]

Hi, Jacob,

I recheck USA Guangzhou embassy. K-1 ONLY is valid fo FOUR months. You two need to get married in 90 days since your finacee enters USA. From my standpoint, K-1 adds you about another 7 months to work on J-1 waiver if she is eligible for J-1 waiver. After you two married, your wife is free to leave USA (See USA Guangzhou embassy about K-1). If she has to leave without adjusting her status because of J-1, you can apply IR-1/CR-1 visa for her while she fulfill two-year in China.

I hope my message about validity of K-1 visa not mislead you. Thank JimVaPhung correct me timely. It is good to see that we try to help each other out!

Good Luck!

Edited October 17, 2010 by xiaozhu