J-1 and the foreign residency requirement

[AKSinghSingh79 143]

My fiance last entered the U.S. on a J-1 visa for training and internship purposes.

He entered the U.S. in October 2008 and exited in November 2009. He was told he would have to fulfill a 2 year residency requirement prior to filing for another J-1 if he chose to do so.

However, when we questioned it in regards to the K-1, we were mostly getting answers that the 2 year foreign residency requirement is not applicable when dealing with a K-1.

So which is it? Does he have to fulfill his foreign residency requirement/get a waiver or does it not apply since we are applying for a K-1?

Whichever it is, his residency requirement will finish in November 2011. But my question is, if we file our K-1 petition now will it be alright since he will have fulfilled his residency requirement by the time our case reaches the New Delhi consulate? OR should we just wait to file our petition until November?

[realizment 18]

Im pretty sure the 2 year rule stands for all other visas.

[AKSinghSingh79 143]

Im pretty sure the 2 year rule stands for all other visas.

If that is the case then are we able to start the petition now or should I wait to file until the residency requirement is fulfilled?

[AKSinghSingh79 143]

Anybody know any information on this?

I've looked at the Department of State website but it's unclear.