When to Start K-1 Process: J-1 w/two year rule

[battsher 0]

I've been navigating and searching the site, finding lots of useful information, but haven't come across the answer to my most pressing question.

My fiance had a J-1 visa with the two year rule. She is now halfway through that span of time living/working in her home country of Mexico. We would like to get married ASAP. So here's the big question: When should we start the K-1 process by sending the I-129f package?

Ideally this time next year she will be with me crossing the border into the US to go get a marriage certificate. But how does the two year rule affect the K-1 visa process? At what point will her two year residency restriction hold up approval of the K-1 visa or AOS? Can we time the application process so that the visa will be issued around the time her residency requirement is satisfied or do we have to wait and start the process after the full two years?

Thank you!

-Will

[teeak 224]

The two-year residency requirement is determined at the time of the interview. So yes, you may time your petition and application process so that her visa is issued after her the requirement has been satisfied.

[battsher 0]

Thanks teeak for the good news!

How about the income requirement, when do I (the USC) need that?

One of the added wrinkles in our story is that I am currently unemployed, having quit my job to move Mexico to be with my fiancé. Looking at the guide and flowchart it would appear that I should find a job by the time the I-134 Affidavit of Support is submitted (some time between the NOA2 point and the interview) Am I right in this assessment?

I have modest cash and 401K savings, parents with means and willingness to co-sponsor, and good job prospects as a mechanical engineer but it seems that I should hedge my bets and be able to report a current income on the I-134. Is this a good assumption? Getting a job likely will involve moving back to the US (separating my fiancé and I) so we may want to avoid that if we can.

[Blue Raven 3]

Thanks teeak for the good news!

How about the income requirement, when do I (the USC) need that?

One of the added wrinkles in our story is that I am currently unemployed, having quit my job to move Mexico to be with my fiancé. Looking at the guide and flowchart it would appear that I should find a job by the time the I-134 Affidavit of Support is submitted (some time between the NOA2 point and the interview) Am I right in this assessment?

I have modest cash and 401K savings, parents with means and willingness to co-sponsor, and good job prospects as a mechanical engineer but it seems that I should hedge my bets and be able to report a current income on the I-134. Is this a good assumption? Getting a job likely will involve moving back to the US (separating my fiancé and I) so we may want to avoid that if we can.

You can get a co-sponsor, but it is a little bit more difficult to get the approval that way. Your best bet is to get a job making at least 150% of the poverty guideline for your resident state and the number of dependents you have.

In general, if you use assets only, these assets must be something you can sell/access quite easily in order to be able to provide for your entire family for a year. But relying on this to get the approval will allow subjectivity in the decision. Wages, on the other hand, are a concrete metric which is not vulnerable to subjectivity.