Could I apply for K1

[RosaneSilva 0]

Dear,

I have been in US as a J1 student, now I am back in Brazil for one year already and I wanna apply for K1 visa but I still have one year of the 2 year rules.

Could I apply for a K1 visa or should I apply for a Waive first then to K1?

[Cody and Daisy 374]

Anyone correct me if I'm wrong.

From what I know about the 2 Year Rule.

Your Fiance can submit the i-129F now and then the beneficiary submits a waiver for the 2 year rule.

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

[happysmileflower 2]

_{I believe you have to waive the two year rule first!! That is something I have got done before my fiance filed I129F. My understanding is you have to fulfill or get a waiver done before you start to make a process for ANY kind of NON-immigration visa. On the other hand, I have heard that if it was immigration visa, if you guys are married already and going for CR1, your fiance might be able to go ahead to submit a petition while you are atill in the rule. At this case, you will must fulfill the two year rule when you take an interview at the embassy in your home country at last. Normally CR1 process takes over an year anyway.}

_{Im not 100% sure for everything.}