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Petitioning for a K1 but had a J1 with the 2 yr requirement almost finishing

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

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F & D Rookie

F & D   2

Posted
Filed: K-1 Visa Country: Brazil
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Posted

Hi guys,

I have read a bunch of info about this topic, but I need some of your input to help us decide what to do.

Me and my fiancée have met when I was studying abroad in the U.S., back in March 2013. I was under a J1 visa with the 2 years residency back in your home country requirement. I went back to Brazil in the end of July, 2014.

She came to live in Brazil after that, for 6 months, and then she left back to the States on January of 2015. I got a B1 visa to visit her and I went to L.A. on January of 2016 until March 1st. When I was over there, we started the I129f petition and we already have the NOA1 in hands. The thing is that since I have this 2yr requirement of residency on your home country, the 2yr will be over on July 25th of this year. We are concerned that the process goes by faster then we thought and then the process gets stuck in some part of the process( either at CSC, at the NVC after receiving the NOA2 or at the consulate). Do you think we should apply for a waiver for the 2yr requirement? Our concern is if the process gets stuck before the NOA2 or at the NVC. If it comes to Brazil, I think it is just easier to delay the medical and go to the interview after July 25th. But if it gets stuck at the CSC or at the NVC we really think only the waiver is the solution. Does anyone know if the CSC or NVC asks for RFE due to the J1 requirement? Or will they check it only when I apply for a visa here in Brazil?

Thank you for your time and input!!!

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A'n'L Proficient

A'n'L   735

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Filed: AOS (apr) Country: Norway
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Posted

It's the consulate who would have advised to apply for the waiver in any case. CSC and NVC will not be concerned with that. You'll be fine.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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F & D Rookie

F & D   2

Posted
Filed: K-1 Visa Country: Brazil
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Posted

It's the consulate who would have advised to apply for the waiver in any case. CSC and NVC will not be concerned with that. You'll be fine.

Awesome!! Thank you A'n'L. We didn't know they check it only at the consulate.

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