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Iris & Mark

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Filed: K-1 Visa Country: Netherlands
Timeline

Hello everyone,

About two weeks ago I was so excited to find out that our I129F was approved, but since a couple of days ago, the excitment has completely blown over because I found out about the 2 Year Home Residence Requirement. From January till May 2010, I stayed in New Orleans as part of an exchange program. On my visa, it was stated that I am subject to the 2 year HRR and thus have to spend two years in Holland. Since those years won't be over until June 2012, I won't be able to get my visa until then... I was so sad when I read about this and am still upset because I don't know what to do now. I already applied for an Advisory Opinion at the State Department and am waiting for their answer now, but it will take four to six weeks. I have two very important questions though and was hoping any of you could please help me. First of all, how do they count the two years you have to stay in your home country? I went back to Holland on June 7 2010, but since I have once spent two weeks and once almost three months in the US. Do these count towards the two years or will I have to stay in Holland until the middle of September 2012 instead of June 2012 then? Second of all, does anyone have an idea how long the processing times to get a J1 waiver are? I just want to make sure whether it will be worth it to apply for one or not.

I really hope someone can help me because I am so worried and upset about this issue. I was so excited for our I129F approval, but now it just seems like it all does not matter anymore :(

Thank you.

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Filed: Timeline

Hello everyone,

About two weeks ago I was so excited to find out that our I129F was approved, but since a couple of days ago, the excitment has completely blown over because I found out about the 2 Year Home Residence Requirement. From January till May 2010, I stayed in New Orleans as part of an exchange program. On my visa, it was stated that I am subject to the 2 year HRR and thus have to spend two years in Holland. Since those years won't be over until June 2012, I won't be able to get my visa until then... I was so sad when I read about this and am still upset because I don't know what to do now. I already applied for an Advisory Opinion at the State Department and am waiting for their answer now, but it will take four to six weeks. I have two very important questions though and was hoping any of you could please help me. First of all, how do they count the two years you have to stay in your home country? I went back to Holland on June 7 2010, but since I have once spent two weeks and once almost three months in the US. Do these count towards the two years or will I have to stay in Holland until the middle of September 2012 instead of June 2012 then? Second of all, does anyone have an idea how long the processing times to get a J1 waiver are? I just want to make sure whether it will be worth it to apply for one or not.

I really hope someone can help me because I am so worried and upset about this issue. I was so excited for our I129F approval, but now it just seems like it all does not matter anymore :(

Thank you.

realistically by the time a waiver might be processed, June would have arrived.

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