2-year-rule (J visa) and waiver

[Ayane 0]

Hello,

I was in the US from April 2011 until February 2012 on a J-1 visa. When I applied for the visa I only had personal fundings available. So on my DS-2019 I have only personal fundings mentioned, and because of that it says that the 2-year-rule does not apply. Right before I left for the US, and then again after half a year, I got granted two different stipends/scholarships fron a German international organization that get's money from the government. Was I maybe supposed to have my DS-2019 changed because of that? It never occured to me...

Anyways, my fiance and I applied for a K-1 visa two month ago. Now somebody told me that later in the process USCIS will ask again who funded my J-1 stay. Well, I am not going to lie about it. Which means that I would fall under the 2-year-rule after all, right? And my visa would be denied...

I don't know how to find out whether the 2-year-rule applies or not. Should I request an Advisory Opinion? But if they only look at my DS they will see "personal funding" and say that it does not apply. So I would have to send them a letter explaining that I got money from an organization after all, and then they would change it and put me under that rule. But if I don't do it now, they will find out later, right? So I guess there's no way around it but to tell them the truth - better sooner than later.

Does the Advisory Opinion cost money? I couldn't find anything on the webpage. I know the waiver costs more than $200...

Also, I am worried that if I apply for a waiver (no objection) that it will not be granted and my whole plan to move to my fiance/husband by the end of the year will fail.

[maybeifancyu 4]

The Advisory Opinion is free. and on their website it says the process is usually 4 - 8 weeks.

A waiver might be granted if you settle with the agency who funded money (i.e., pay them back the scholarship/grants you got).

I'm actually going through the same thing as you now, except that my AOS has already been denied. So I would suggest you not to lie about it if you were going to try to file. If I were you, I would wait and get the J1 issue resolved first.