Help! Applying for K1 before J1 homestay expires- Sweden

[CMS 0]

Hello everyone,

So my fiancee and I applied for a K1 visa in January and we recently received our NOA1 in February. My fiancee had came here with a J1 visa in January 2012 and is subject to the two year homestay rule. It expires on June 16, 2014.

My question is, will our k1 application be denied? We didn't know that the two year rule applied to all visas for the US, not just J1.

Help! We are panicking.

[Ellinora 72]

We looked into this a few years back when we first planned on moving back to the U.S. You may be able to apply for a waiver:

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

edit. I think it was the no objection statement that we would have needed to get

Edited March 11, 2014 by Ellinora

[CMS 0]

First of all, thank you so much for responding.

To follow up,

Will we still need to apply for a waiver even if the homestay expires before we will probably get our NOA2?

Does anyone know how long the waiver takes?

Thanks!

[Pitaya 2,577]

~Duplicate thread removed~

[kzielu 1,149]

First of all, thank you so much for responding.

To follow up,

Will we still need to apply for a waiver even if the homestay expires before we will probably get our NOA2?

Does anyone know how long the waiver takes?

Thanks!

I believe as long as it expires before you planned entry date, you should be OK.

[Ellinora 72]

^agreed. As long as the beneficiary has lived two years in his/her home country before the visa is issued, it should be alright. I think one of my friends had the interview postponed a few weeks so that she could fulfill the two year requirement.

[plasthandske 3]

Quoted from a link provided earlier:

"

You are required to fulfill this requirement by returning to your home country for a cumulative total period of at least two years. You are notprohibited from travelling to the United States, but until you have fulfilled the two-year home-country physical presence requirement, you are not permitted to do any of the following:

• Change status while in the United States to the nonimmigrant categories of temporary worker (H) or intracompany transferee ;
• Adjust status while in the United States to immigrant visa/lawful permanent resident status (LPR);
• Receive an immigrant visa at a U.S. Embassy or Consulate; or
• Receive a temporary worker (H), intracompany transferee , or fiancé (K) visa.

What does being subject to this requirement mean?"

This means that you can file the petition, have it accepted but they will not issue a K-1 Visa before this requirement is met or you have a waiver. Therefore, do not schedule the interview before the date has passed. The process could be lightning fast as mine were, so just push the interview date and prove that the beneficiary is eligible to be issued a visa when its time to be interviewed.

Edit: I love the little hearts that popped up after the copy n paste.

Edited March 11, 2014 by plasthandske

[CMS 0]

We e-mailed a lawyer and got this response (for anyone who has the same question):

It takes the USCIS 4-6 months to process an I-129F petition. By the time the USCIS adjudicates the K-1 petition, your fiancé will have satisfied the two-year home residence requirement. I do not believe it should interfere with his ability to process the K-1 visa at the consulate when the time comes (it will take another 2-3 months to process the National Visa Center paperwork before the case makes it way to the consulate for a K-1 visa interview). The K-1 visa will definitely be processed/issued after 6/16/14.

[Ontarkie 14,234]

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