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Filed: Country: Philippines
Timeline
Posted (edited)

Hi everyone!

I hope you can help me with this, See the thing is I was a Student exchange (J1 Student Visa). I just returned to the Philippines because my 1 year Visa expired already but before I left USA i met my boyfriend. We started dating and became serious with our relationship until such time he proposed to me. Can I qualify for the waiver? My 2 year rule have not been fulfilled yet, I am staying here in my home country for almost 5 months now and We want to start K1 this December. I don't know what to do. i am afraid I might get denied with the waiver. are there any chances I get approved.

Which is the best thing to do, Apply for k1 first or waive the HRR first..Please help!

Edited by joe_han
Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

I do not have an idea how J1 visa works but it sounds like you are torn between your studies and engagement.

Just some points-

K-1 usually takes from 6-9mos to finish. You got 3mos to marry USC once you get in the US

I am assume there will be more conflict if you apply K-1 first than waiver (if you are qualified).Nobody knows you are engaged until you file.

I am not sure if you can get married while on J1 visa and then just adjust your status there??

I saw a link see if it helps..Re: Currently on J1 visa and getting married to US citizen

Edited by teapotgurl1983

Happy New Year!

Posted

I believe the OP is referring to the fact that some visas have a Home Residence Requirement before they are allowed to petition/apply for another visa. Because the OP has been back in the PH for 5 months and HRR on her student visa is 2 years she does not yet qualify to petition for another visa. She is asking about possibly getting a waiver for the 2yr Home Residence Requirement.

I know there are some members on this board who are familiar with this aspect of the J1 visa and hopefully they will come along and help you out.

Filed: Timeline
Posted

Hi everyone!

I hope you can help me with this, See the thing is I was a Student exchange (J1 Student Visa). I just returned to the Philippines because my 1 year Visa expired already but before I left USA i met my boyfriend. We started dating and became serious with our relationship until such time he proposed to me. Can I qualify for the waiver? My 2 year rule have not been fulfilled yet, I am staying here in my home country for almost 5 months now and We want to start K1 this December. I don't know what to do. i am afraid I might get denied with the waiver. are there any chances I get approved.

Which is the best thing to do, Apply for k1 first or waive the HRR first..Please help!

Until the K-1 is filed, you have no basis for seeking a waiver. Right now, you have no 'hardship' to an American citizen. Also, since a K-1 will take 6-9 months to process, and the waiver about another 5, your 2 years would be up anyway by then.

Filed: Country: Philippines
Timeline
Posted

Go ahead and file for a waiver. Check out this link. Those are the instructions for filling out. Read it well. A lot of people with j-1 and j-2 do that. Just fill out correctly your paperwork and it will fine.

good luck

http://www.uscis.gov/files/form/i-612instr.pdf

Thank you.. I wanted to file for a waiver now but i am afraid I get denied and we cannot start the K1 Visa right away.I just want to know what is the right timing to file for a waiver now that i am back from my home country just to have an idea. i don't want to get frustrated.But thank you for replying to my post.=)

Filed: Country: Philippines
Timeline
Posted

Go ahead and file for a waiver. Check out this link. Those are the instructions for filling out. Read it well. A lot of people with j-1 and j-2 do that. Just fill out correctly your paperwork and it will fine.

good luck

http://www.uscis.gov/files/form/i-612instr.pdf

would i qualify for a No objection. i don't know what reason will chose best, since they have only 4.

 
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