J1 visa holder

[jbarth200 2]

My Fiancee was living in the US as an au pair and when her J1 visa was up she returned back to Mexico. We are filling out the DS-160 form and the question was "Are you a former exchange visitor who has not yet fulfilled the two-year foreign residence requirement?" Would she want to select yes for this question? She has not been back in her country for 2 years yet.

Thanks

[Hypnos 6,576]

If she is subject to the two year HRR and hasn't yet fulfilled it then she should answer yes.

[jbarth200 2]

Alright, I do know if she were to try to get another J1 visa to be a au apair again she would need to be there for 2 years. But that shouldn't apply for getting a K1 visa correct?

[Hypnos 6,576]

It applies to any visa, including a K-1.

Edited February 15, 2014 by Hypnos

[jbarth200 2]

K thanks I will have her say yes, She won't need to wait 2 years before she can get a Fiance visa though will she?

[jbarth200 2]

Also I am curious I don't believe she was subject to HRR because she was issued a tourist visa about 2 months ago and that was after she had already left the US

[Hypnos 6,576]

Does her J-1 say "subject to two year HRR"? Not all J-1s do.

If it does, then it means what it says. You cannot enter the US to become an LPR until you have either (i) completed two years residence in the home country, or (ii) obtained a waiver of that requirement.

http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html

Someone subject to the two year HRR who has not yet fulfilled it is barred from receiving an H or L visa, or LPR status.

Edited February 16, 2014 by Hypnos

[jbarth200 2]

Copy that, so if her J1 is subject to a 2 year HRR she will need to get a waiver in order to get the finace visa? Just want to be clear on this as we are getting to the point where she will be setting up the interview process.

[Hypnos 6,576]

Since the relevant law does not directly say she cannot receive a K visa, the embassy may or may not let her actually receive the visa. She is barred from obtaining LPR status though, so that won't be terribly useful even if they do let her obtain the visa.

Yes, if she is subject to the two year HRR (it should clearly state one way or another on the J-1 visa affixed to her passport) she will need a waiver or two years worth of patience; I linked the procedure to obtain a waiver above.

[jbarth200 2]

Any by useful you mean she would not be able to obtain a green card or be able to work legally?

[jbarth200 2]

Never mind thank you for the information, she just sent me a picture of her J1 visa and it says not subject to 2 year rule. You have been a lot of help thank you. Just getting really nervous that everything will go smooth twords the end of this process.

Edited February 16, 2014 by jbarth200

[Hypnos 6,576]

Then you have nothing to worry about, or nothing with regards to the two year HRR at least.

[Ketsuban 1,034]

Never mind thank you for the information, she just sent me a picture of her J1 visa and it says not subject to 2 year rule. You have been a lot of help thank you. Just getting really nervous that everything will go smooth twords the end of this process.

That is a huge relief!

[jbarth200 2]

Haha yeh I was worrying because I knew she mentioned she would have to wait 2 years if she wanted to ever do that Au Pair program again, so in my mind I was thinking that must be the 2 year rule but luckily it was not and I am so relieved.