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Pandova

K-1 interview before the end of 212e law requirement

By Pandova in K-1 Fiance(e) Visa Process & Procedures

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Pandova Contributor

Pandova   17

Posted
Filed: Citizen (pnd) Country: Brazil
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Hi everyone,

I went to the US on a J-1 visa, with the 212e law, which requires me to stay in Brazil for 2 years after I came back. My 2 year home requirement expires in December 2016.

Can I have my K-1 interview before December 2016 and still have my visa approved? If so, how would that work? The consulate would hold my passport with them until December and send it to me after the 2 year requirement is over?

ROC

04/27/19 - Application sent (I-751)

04/29/19 - Application arrived at USCIS (TX P.O. Box)

05/06/19 - Received NOA1 and extension letter in the mail (dated as received on 04/30 and emitted on 05/03)

07/12/19 - Changed Address with USCIS (IN to CA)

10/16/19 - Biometrics Appointment

03/09/20 - Case Transferred to NBC

03/25/20 - Case ready to be scheduled for interview

03/15/21 - Infopass Appointmet to get I-551 stamp

07/16/21 - Combo interview (N400 + I751) 

 

NATURALIZATION

09/29/20 - Filed application online (N-400)

10/05/20 - Received physical copy of NOA1

07/16/21 - Combo interview (N-400 + I-751)

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

A visa can not be approved until you meet the 2years HRR.

Do not schedule an interview when you do not qualify for the visa because you will get a denial and have to start over.

Make sure your interview happens after you meet all the requirements for a visa.

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baron555 Veteran

baron555   934

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Filed: AOS (apr) Country: Kenya
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The 2 year home residency rule is part of the J-1 visa program. I believe this rule states you must stay in your own home country for two years before returning to the US within the J-1 process.

The K-1 is a different type of visa and the home residency requirement may be trumped by this.

Anyways, there is a waiver of the home residency rule that might be required to be approved for the K-1 to process.

Do a Google search and read up on that.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Skip Google and get a lawyer that has read up on that.

Great freakin' answer. Why ask for self-help on a DIY website when posters like you will simply say go get a lawyer. Wonderful help from you on getting help from someone on a DIY website.

The reason people are on here is to save money and time by educating themselves. If they wanted to skip Google, then going to a lawyer is excellent advice. However, they choose to do it themselves.

Edited by aaron2020
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Pandova Contributor

Pandova   17

Posted
Filed: Citizen (pnd) Country: Brazil
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Posted

Thanks for your answers!

I am aware of the waiver possibility, but that's not an option for me!

I guess the safest way to do it is actually schedule the interview after the end of the requirement.. I just wish I could talk to someone from my consulate about this but the only way is through email, where things don't go as smooth as when you talk on the phone or in person!

Anyway, thanks everyone!

ROC

04/27/19 - Application sent (I-751)

04/29/19 - Application arrived at USCIS (TX P.O. Box)

05/06/19 - Received NOA1 and extension letter in the mail (dated as received on 04/30 and emitted on 05/03)

07/12/19 - Changed Address with USCIS (IN to CA)

10/16/19 - Biometrics Appointment

03/09/20 - Case Transferred to NBC

03/25/20 - Case ready to be scheduled for interview

03/15/21 - Infopass Appointmet to get I-551 stamp

07/16/21 - Combo interview (N400 + I751) 

 

NATURALIZATION

09/29/20 - Filed application online (N-400)

10/05/20 - Received physical copy of NOA1

07/16/21 - Combo interview (N-400 + I-751)

 

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