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Urgent answer needed PLEASE!

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Filed: K-1 Visa Country: Russia
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Hello all,

My fiance has an inteview in Moscow on Friday April 27,2012 at 0800. Which is less then 8 hrs by Moscow time, Which is AWESOME news.

Something is bothering me really bad i need an answer ASAP if anyone out there can help,please respond.

I was browsing on http://travel.state.gov/visa/immigrants/info/info_3743.html and i was reading "Important Visa Interview Notices". As i was reading

these two following statements got my attention:

1.•If you, your spouse and/or children who were previously issued J1 visas, and were admitted to the U.S. under INA 101(a)(15)(J), and studied, worked, lived, or are now in the United States as exchange visitors, you and/or they may need to satisfy a two-year foreign residence and physical presence requirement

2.•An immigrant visa may not be issued to an applicant found to be ineligible under section 212(e). The consular officer will advise those affected by this requirement about how to become eligible.

The reason why i'm so concerned is because my fiance was a J1 holder last year so now its making me think whether this applies to her or not.

I may be misunderstanding what im reading, or maybe i am looking into to it way too much. CAN SOMEBODY PLEASE MAKE THIS CLEAR FOR ME??

Thank you for all of your help in advance.

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Filed: K-1 Visa Country: Germany
Timeline

Hello all,

My fiance has an inteview in Moscow on Friday April 27,2012 at 0800. Which is less then 8 hrs by Moscow time, Which is AWESOME news.

Something is bothering me really bad i need an answer ASAP if anyone out there can help,please respond.

I was browsing on http://travel.state.gov/visa/immigrants/info/info_3743.html and i was reading "Important Visa Interview Notices". As i was reading

these two following statements got my attention:

1.•If you, your spouse and/or children who were previously issued J1 visas, and were admitted to the U.S. under INA 101(a)(15)(J), and studied, worked, lived, or are now in the United States as exchange visitors, you and/or they may need to satisfy a two-year foreign residence and physical presence requirement

2.•An immigrant visa may not be issued to an applicant found to be ineligible under section 212(e). The consular officer will advise those affected by this requirement about how to become eligible.

The reason why i'm so concerned is because my fiance was a J1 holder last year so now its making me think whether this applies to her or not.

I may be misunderstanding what im reading, or maybe i am looking into to it way too much. CAN SOMEBODY PLEASE MAKE THIS CLEAR FOR ME??

Thank you for all of your help in advance.

She should check her J1 visa in her passport. It says whether the "2 year rule" applies or not.

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Filed: K-1 Visa Country: Russia
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Thank you for such a quck response.

I just checked the documents and it says BEARER IS NOT SUBJECT TO SECTION 212(E) TWO YEAR RULE DOES NOT APPLY.

I feel so much better, for a sec i thought i was going to get a heart attack.

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Hi,

She needs to look at the J1 visa in her passport, when given the visa in the past she may have also been given a white piece of paper. If she still has it, ask her to check it and see if the "2 year waiver" box has been ticked. If it has been checked she is not subject to the 2 year residency rule. Also something to bare in mind, if her government sponsored or partially sponsored her J1 Visa, it is very likely that she is subject to the 2 year rule and may need to file for a waiver.

Hope this helps!

Thank you for such a quck response.

I just checked the documents and it says BEARER IS NOT SUBJECT TO SECTION 212(E) TWO YEAR RULE DOES NOT APPLY.

I feel so much better, for a sec i thought i was going to get a heart attack.

When I was going for my interview in London I had the same heart stopping moment as I had also had a J1 visa. Thankfully I am now with my husband and all is well! Good look to your fiancee :)

Naturalization Journey (Based on 5 years as a PR):

November 21st 2016 - Sent N-400 to Dallas Lockbox.

November 30th - Check Cashed.

December 1st - Email/Text Notifications.

December 8th - Hardcopy of NOA received (Priority Date 11/25).

December 9th - Biometrics Appointment Letter received.

December 19th - Biometrics Appointment.

January 4th 2017 - "In Line" for Interview.

June 9th - Online status changed to "Interview was Scheduled".

June 12th - Interview Letter received.

July 19th - Interview (NYC). Requested a "delayed Oath" for after September 4th 2017.

September 11th - Oath Letter received. Honored my request for a delayed Oath Ceremony. 

September 14th - Oath Ceremony.

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Filed: K-1 Visa Country: Russia
Timeline

Hi,

She needs to look at the J1 visa in her passport, when given the visa in the past she may have also been given a white piece of paper. If she still has it, ask her to check it and see if the "2 year waiver" box has been ticked. If it has been checked she is not subject to the 2 year residency rule. Also something to bare in mind, if her government sponsored or partially sponsored her J1 Visa, it is very likely that she is subject to the 2 year rule and may need to file for a waiver.

Hope this helps!

When I was going for my interview in London I had the same heart stopping moment as I had also had a J1 visa. Thankfully I am now with my husband and all is well! Good look to your fiancee :)

[/quot

Will do, thank you

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