Get a K1 visa under J1 two-year rule

[martinianodl 2]

Hello all,

In 2014 I awarded a scholarship to study in Seattle for 18 months. During this period I started dating my girlfriend but I had to leave her and come back to Brazil as a requirement of the BSMP program. I was under a J1 visa and the two year rule applies for me.

I'll propose her this July and I was planning to get married and move in with her after I finish my masters degree in Brazil in July 2017. My two-year rule will finish in August 2017 and I read that the K1 visa process takes around a year. Can I apply for the K1 visa this July or August and move in next summer since my J1 two year rule will be done?

Thank you in advance

[Hypnos 6,576]

Yes. You just won't be able to be issued with your K-1 visa until you've been in your home country for at least two years.

[F & D 2]

I am in the same boat as you but my case is a little easier. I was part of BSMP back in the day. My 2 yr rule finishes in the end of July if this year, so I won´t have any problems(I already got NOA2 for the k1). U can have a waiver from CAPES, since the program period of residence in Brazil is 1 yr only instead of 2yrs(american law). Ask CAPES for a letter stating that u r done with your residency period in BR and then ask the Brazilian embassy for a waiver of the J1 rule(instructions at the BR embassy in Washington website). The embassy sends the request for a waiver to the Dept of State and then u will have to pay a waiver fee. This is not so hard to do, just make sure you call CAPES bc they are slowww answering emails. If at the day of the k1 interview u completed the 2 years period u wont need to do none of that( that is my case and i think it is going to be yours as well). Best of luck!

Edited June 6, 2016 by F & D

[fmirandam 7]

I am in the same boat as you but my case is a little easier. I was part of BSMP back in the day. My 2 yr rule finishes in the end of July if this year, so I won´t have any problems(I already got NOA2 for the k1). U can have a waiver from CAPES, since the program period of residence in Brazil is 1 yr only instead of 2yrs(american law). Ask CAPES for a letter stating that u r done with your residency period in BR and then ask the Brazilian embassy for a waiver of the J1 rule(instructions at the BR embassy in Washington website). The embassy sends the request for a waiver to the Dept of State and then u will have to pay a waiver fee. This is not so hard to do, just make sure you call CAPES bc they are slowww answering emails. If at the day of the k1 interview u completed the 2 years period u wont need to do none of that( that is my case and i think it is going to be yours as well). Best of luck!

Why does he need a waiver if he wants to complete his 2 years rule?

The only time you need to show that you have fulfilled the 2 years residency requirement is at the interview!! Waivers are extremely hard to obtain, even with the CAPES letter but if you have received funding from Capes only that might be easier.

Also, make sure that you count the 2 years properly. If you go abroad (anywhere, even in Argentina) for a week, make sure to add this time to your 2 year rule.

I complete my 2 years requirement in July 27th, although I've mentioned many times through the process and asked the consulate in Rio specifically to schedule my interview after that, I got a letter saying that my interview was going to be on June 16th. It's a headache, I had to email them and they cancelled it and now I'm waiting for the new date. My case is a little different than yours because I'm applying to CR1 (since I'm already married) but the 2 years rule doesn't change.

[F & D 2]

Why does he need a waiver if he wants to complete his 2 years rule?

The only time you need to show that you have fulfilled the 2 years residency requirement is at the interview!! Waivers are extremely hard to obtain, even with the CAPES letter but if you have received funding from Capes only that might be easier.

Also, make sure that you count the 2 years properly. If you go abroad (anywhere, even in Argentina) for a week, make sure to add this time to your 2 year rule.

I complete my 2 years requirement in July 27th, although I've mentioned many times through the process and asked the consulate in Rio specifically to schedule my interview after that, I got a letter saying that my interview was going to be on June 16th. It's a headache, I had to email them and they cancelled it and now I'm waiting for the new date. My case is a little different than yours because I'm applying to CR1 (since I'm already married) but the 2 years rule doesn't change.

I agree with you, after the 2 years requirement you don´t need a waiver. About the time you spend abroad, even if you are traveling abroad as a tourist you have to add up this time for the 2 year rule? I did not know about that and this may affect my case. Did you get this information from the Dpt of State website? I did know about the time you spend abroad but I did not know that it applies for tourism as well.

Thank you for your input

[fmirandam 7]

I agree with you, after the 2 years requirement you don´t need a waiver. About the time you spend abroad, even if you are traveling abroad as a tourist you have to add up this time for the 2 year rule? I did not know about that and this may affect my case. Did you get this information from the Dpt of State website? I did know about the time you spend abroad but I did not know that it applies for tourism as well.

Thank you for your input

I consulted with a immigration lawyer at avvo.com. I was always aware of the two-year home-country physical presence requirement (https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html).I also know a few people from the Fulbright program and the topic has been extensively discussed in a Forum. There is one girl who was not aware of it and went on an interview. Her visa was denied because the officer counted every single one of her trips. However, she is not from Brazil. But I believe that is the standard procedure. You can ask a lawyer at the avvo website, they give free consultations.

[martinianodl 2]

That's really good information.

Thank you guys!

[F & D 2]

I complete my 2 years requirement in July 27th, although I've mentioned many times through the process and asked the consulate in Rio specifically to schedule my interview after that, I got a letter saying that my interview was going to be on June 16th. It's a headache, I had to email them and they cancelled it and now I'm waiting for the new date. My case is a little different than yours because I'm applying to CR1 (since I'm already married) but the 2 years rule doesn't change.

About your interview, from what I have read, the consulate changed the procedure and now the beneficiary schedule the interview in their system and they no longer schedule interview themselves. Are they still scheduling interviews?

I consulted with a immigration lawyer at avvo.com. I was always aware of the two-year home-country physical presence requirement (https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html).I also know a few people from the Fulbright program and the topic has been extensively discussed in a Forum. There is one girl who was not aware of it and went on an interview. Her visa was denied because the officer counted every single one of her trips. However, she is not from Brazil. But I believe that is the standard procedure. You can ask a lawyer at the avvo website, they give free consultations.

Thank you very much for that, I will add up my days outside the country as well so I could meet the 2 years before the interview.

[p-ana 933]

About your interview, from what I have read, the consulate changed the procedure and now the beneficiary schedule the interview in their system and they no longer schedule interview themselves. Are they still scheduling interviews?

Thank you very much for that, I will add up my days outside the country as well so I could meet the 2 years before the interview.

Since May 1st 2015, the applicants schedule their own interviews.

[Hypnos 6,576]

As stated, it's the *Home* Residency Requirement. Only time spent in your home country contributes to the two year period.

[fmirandam 7]

About your interview, from what I have read, the consulate changed the procedure and now the beneficiary schedule the interview in their system and they no longer schedule interview themselves. Are they still scheduling interviews?

Thank you very much for that, I will add up my days outside the country as well so I could meet the 2 years before the interview.

I think for k1 that is the case, as I heard from a friend of mine. I applied for a CR1 and the consulate schedule it, I have no saying on that.

[renatabritoo 0]

I was not aware that the time spent out of the country with a tourist vida would add days to the 2 year rule. Where did you guys get this information? I looked online and did not find anything about it specifically.

Thank you

[Hypnos 6,576]

Unsure what you're asking, but only time spent in the *home* country contributes to the *home* residence two year requirement.