Apply for K1 and J1 Waiver

[martinianodl 2]

Hello, I'm planning to apply for the K1 visa, but I have some questions.

I participated in a Brazilian government exchange program (Science without Borders) and I lived in the US for 18 months with the J1 visa.

I'm under the two-year rule and this may end by August 2017, but in January 2017 I can get a No-Objection statement from CAPES (my sponsor).

My question is: can I apply for the K1 visa in September 2016 and then in January 2017 use the no objection statement to apply for the waiver process for the two-year rule?

So when I have my visa approved I can move to the United States.

Thanks in advance!

[fmirandam 7]

A No-Objection statement from CAPES is not enough to guarantee the waiver. However, you can apply for the visa at any time. The only time you are required to show proof of 2 year rule fulfillment is at the interview. At your interview you either has the 2 year completed or provide a waiver.

You can try the waiver and if it doesn't happen you can delay sending the documents to NVC so you delay getting an interview date. In my case, I completed the 2 year rule in July 28th. They had scheduled my interview (despite my request to do it in the end of July) on June 16th. I was able to reschedule it for July 29th, and they didn't even look at my proof of fulfillment during the interview.

Good luck!

[p-ana 933]

A No-Objection statement from CAPES is not enough to guarantee the waiver. However, you can apply for the visa at any time. The only time you are required to show proof of 2 year rule fulfillment is at the interview. At your interview you either has the 2 year completed or provide a waiver.

You can try the waiver and if it doesn't happen you can delay sending the documents to NVC so you delay getting an interview date. In my case, I completed the 2 year rule in July 28th. They had scheduled my interview (despite my request to do it in the end of July) on June 16th. I was able to reschedule it for July 29th, and they didn't even look at my proof of fulfillment during the interview.

Good luck!

He's going for a k1, so there's no delaying at the nvc. Better to delay applying for the i129f

[fmirandam 7]

He's going for a k1, so there's no delaying at the nvc. Better to delay applying for the i129f

Can't he delay sending the documents to NVC? Are people not required to send documents at the NVC stage for K1 visa? I am not sure how the k1 process work, but if there is any document to be sent, he could just delay sending them. This was actually an advice from my friend's lawyer. She also applied for k1 and also had to fulfil the 2 year home requirement.

[p-ana 933]

Can't he delay sending the documents to NVC? Are people not required to send documents at the NVC stage for K1 visa? I am not sure how the k1 process work, but if there is any document to be sent, he could just delay sending them. This was actually an advice from my friend's lawyer. She also applied for k1 and also had to fulfil the 2 year home requirement.

When approved, the i129f goes to the nvc only to be assigned a case number and from there goes to the consulate.

No documents are sent, like with cr1/ir1

[martinianodl 2]

Thanks for your replies.

One more question, the No-Objection statement from CAPES is not enough to guarantee the waiver but I did some research and I can request a no-objection statement from the Brazilian Consulate in DC.

Do you think this two no-objection statements will be enough?