I29F approved BUT will we have problem with 2 year requirement???

[crockies99 0]

We got approved by USCIS. We are now waiting for the consulate to send us packet 3. We are going to download it online and do it ourselves. That is the stage we are at.

THE QUESTION IS:

My fiance was here on a student visa during the summer of 2011 until August 11, 2011.

We applied for K1 VISA on September 2012.

It says on this web page:

http://travel.state.gov/visa/temp/info/info_1288.html

...that she has too spend two years in Canada before receiving another VISA.

Does that apply to us?

Would the USCIS have approved us if this was necessary? (All the info of her student visa was included in the I129F packet we sent in, so we weren't trying to hide it.)

Will the consulate find this information and say that she still can't come in until the 2 years is up?

[Inky 1,110]

Was her visa a J-1 visa?

Did you file the waiver for the 2 year requirement? - the information to file the waiver is on that link you posted.

[crockies99 0]

Yes it was a J1 VISA.

We have not filed for a waiver. We just discovered this.

Would the Verment USCIS office have approved it if it mattered?

[Inky 1,110]

Yes it was a J1 VISA.

We have not filed for a waiver. We just discovered this.

Would the Verment USCIS office have approved it if it mattered?

Yes they would have because its on you to be prepared with the proper documents. If shes denied she will be denied at the visa interview.

Use the link you posted and research - check the page they have that tells you if she is subject to the 2 year requirement.

[crockies99 0]

FIrst off thank you for the help.

Second off, we definitely supplied the information in the I129F packet that the USCIS approved.

But you are saying they still could have approved it without worrying about the 2 year thing with her J1 visa?

Meaning the consulate may turn us down unless we have a waiver?

[Inky 1,110]

FIrst off thank you for the help.

Second off, we definitely supplied the information in the I129F packet that the USCIS approved.

But you are saying they still could have approved it without worrying about the 2 year thing with her J1 visa?

Meaning the consulate may turn us down unless we have a waiver?

Yes.

[crockies99 0]

Thank you!