2 year restriction

Minya's wife · March 27, 2007

I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....
A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.

Rebeccajo,

The K visa a non-immigrant visa, but it does have the "immigrant" intent attached to it. (There are gray areas that I don't think USCIS anticipated and will eventually address by ammending the K 1 visa specifications or at least clarifying them somewhat.)

I think with this type of thing a 2 year HRR, it is considered an obligation that must first be fulfilled before this visa would be granted. Just as it is a K-1 requirement that you be free to marry a the time the petition is made, you must also be free to emigrate.

AUBGER · March 27, 2007

To the starter of the thead....

THANKS GOD U POSTED THIS!!!!!!!!!!!!!!! You pretty much saved me by bringing to light what I thought wouldnt be a problem because of the lack of the information I had. I hope my pain has answered your question as well...I wish you the best of luck in Applying and in the Processing of ur visa whenever the time is right

MPGGPM · March 27, 2007

Yeah...but then even if I get it they will never grant me an AOS and that is when my life would definately get screwd:) especially if I'm gonna have a job or be pregnant or whatever happens...i will have to come back home, do the time and then apply for a K3...I don't think that would be too good Thank you for trying to bring good news to light though

Trust me......you WON'T get ANY type of "K" visa while you are under the j-1 2 year HRR restriction.

This below was copied straight from the State Dept. webpage.

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement.

The link is http://travel.state.gov/visa/temp/types/types_1267.html

I hope you can work things out. I still think there is a bright side to all of this, in that ....1) You have almost served all of your 2 years(it's not like you are just starting)..... 2) You do not need to withdraw your petition. Worst case scenerio, you can let it process normally, and then just postpone your interview, if necessary.

I think you will be fine. :thumbs:

AUBGER · March 27, 2007

Yeah...but then even if I get it they will never grant me an AOS and that is when my life would definately get screwd:) especially if I'm gonna have a job or be pregnant or whatever happens...i will have to come back home, do the time and then apply for a K3...I don't think that would be too good Thank you for trying to bring good news to light though

Trust me......you WON'T get ANY type of "K" visa while you are under the j-1 2 year HRR restriction.

This below was copied straight from the State Dept. webpage.

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement.

The link is http://travel.state.gov/visa/temp/types/types_1267.html

I hope you can work things out. I still think there is a bright side to all of this, in that ....1) You have almost served all of your 2 years(it's not like you are just starting)..... 2) You do not need to withdraw your petition. Worst case scenerio, you can let it process normally, and then just postpone your interview, if necessary.

I think you will be fine.

I wish i could just give u a hug for all these..and to everyone that jumped in now it is ...hmm...3:22 am and I guess I will have to go and dream of USCIS Good night everyone...Let's hope tomorrow brings good news to good people

Minya's wife · March 27, 2007

Well poop! MPGGPM you're faster than I am!! I had this whole post ready to go, w/ all the same info you posted, from the DOS website..., lucky I previewed before posting.

Kinzaza, you'll be fine don't upset yourself too much! I know 4 months is a long time, especially being far away from the person we most want to be with....but maybe your man can come visit for a while and the time will pass before you know it.

Good luck to you and the OP!

AUBGER · March 27, 2007

Well poop! MPGGPM you're faster than I am!! I had this whole post ready to go, w/ all the same info you posted, from the DOS website..., lucky I previewed before posting.
Kinzaza, you'll be fine don't upset yourself too much! I know 4 months is a long time, especially being far away from the person we most want to be with....but maybe your man can come visit for a while and the time will pass before you know it.

Good luck to you and the OP!

Thank you...good luck to you too...Hope your NOA2 will be approved as fast as it possibly can

rebeccajo · March 27, 2007

I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....
A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.

Rebeccajo,

The K visa a non-immigrant visa, but it does have the "immigrant" intent attached to it. (There are gray areas that I don't think USCIS anticipated and will eventually address by ammending the K 1 visa specifications or at least clarifying them somewhat.)

I think with this type of thing a 2 year HRR, it is considered an obligation that must first be fulfilled before this visa would be granted. Just as it is a K-1 requirement that you be free to marry a the time the petition is made, you must also be free to emigrate.

The point of my post was to remind all that a K visa is classified as non-immigrant.

I disagree that the K visa has immigrant intent attached to it. At least procedurally. If USCIS perceived immigrant intent then AOS would be automatic upon the satisfaction of the visa (although my understanding is when the K1 was originally conceived, AOS was nearly an automatic grant).

I believe the only thing INS didn't anticipate when they created the K visas was for the world to change. The relative ease of international travel today (25 years ago who would have thought 'commoners' could fly abroad as inexpensively as we do today) and the ability of people to communicate around the globe via improved phone technology and the internet. The K was designed to bring couples together faster when marriage petitions were taking ungodly ages of time to process. It was then up to the couple where they lived. It was up to the couple to complete the immigration process - if it was desired.

My expectation is that the K1 and K3 visas will be eliminated entirely. As should happen IF DHS is eventually able to move into the modern age of technology, and find a way to meld USCIS and DOS communications while still acheiving checks and balances.

ladywhite · March 27, 2007

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

Hey Kinzaza,

just wanted to say i really sympathy you...

Why don't you try check with our Embassy about your status for the J1?

They are kind of helpful...

And then you could try checking if Moldova would allow you to get waiver

Everyhting best kinzaza

Good luck!

Thank you so much. Does MY government have to grant me a waiver?

I am in a hurry and have not read all the responses here.

Find out fast about your J-1 status. If you have not fulfilled your 2 yr HHR, you need to find out if you would be able to get a waiver. Who considers whether or not to issue you a letter of no-objection (which you need to submit to USCIS) is your sponsor (in my case -- my government).

J-1 waiver takes time. i have a web site with a forum like this but i don't remember it now. i'll get back with you later.

Best of Luck, Kenzaza.

ladywhite · March 27, 2007

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

No, I'm sorry, I didn't mean to freak you out!! I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)

If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset.

-P

If she is still on her 2 yr HRR on her interview date, K-1 visa would be granted.

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

No, I'm sorry, I didn't mean to freak you out!! I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)

If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset.

-P

If she is still on her 2 yr HRR on her interview date, K-1 visa would be granted.

I am sorry i was in such a hurry. what i meant is that she would NOT be granted the visa"

AUBGER · March 27, 2007

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

Hey Kinzaza,

just wanted to say i really sympathy you...

Why don't you try check with our Embassy about your status for the J1?

They are kind of helpful...

And then you could try checking if Moldova would allow you to get waiver

Everyhting best kinzaza

Good luck!

Thank you so much. Does MY government have to grant me a waiver?

I am in a hurry and have not read all the responses here.

Find out fast about your J-1 status. If you have not fulfilled your 2 yr HHR, you need to find out if you would be able to get a waiver. Who considers whether or not to issue you a letter of no-objection (which you need to submit to USCIS) is your sponsor (in my case -- my government).

J-1 waiver takes time. i have a web site with a forum like this but i don't remember it now. i'll get back with you later.

Best of Luck, Kenzaza.

Thank you. So i have to submit the waiver to the USCIS as well? i mean when? during my 129 approval or before it gets to the consulate or...omg this is so confusing...and as it was previously mentioned is it worth it?

ladywhite · March 27, 2007

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

Hey Kinzaza,

just wanted to say i really sympathy you...

Why don't you try check with our Embassy about your status for the J1?

They are kind of helpful...

And then you could try checking if Moldova would allow you to get waiver

Everyhting best kinzaza

Good luck!

Thank you so much. Does MY government have to grant me a waiver?

I am in a hurry and have not read all the responses here.

Find out fast about your J-1 status. If you have not fulfilled your 2 yr HHR, you need to find out if you would be able to get a waiver. Who considers whether or not to issue you a letter of no-objection (which you need to submit to USCIS) is your sponsor (in my case -- my government).

J-1 waiver takes time. i have a web site with a forum like this but i don't remember it now. i'll get back with you later.

Best of Luck, Kenzaza.

Thank you. So i have to submit the waiver to the USCIS as well? i mean when? during my 129 approval or before it gets to the consulate or...omg this is so confusing...and as it was previously mentioned is it worth it?

Dear Kinzaza:

I am sorry you have to hear all this. I think I know how you feel right now. Relax and take a deep breath, okay?

The following is my personal opinion. Other friends here may have more comments or better way for you.

If you have spent 20 months in Maldova (accumulatively) and have only 4 months to go, you need to fulfill those 4 months by or after the NOA2 is issued so that your interview date will be after your 2 years are up but within 4 months that NOA2 is valid.

But if your NOA2 would nearly expire, I heard that you could request an extension (That is all I know).

When do you think you can go back to Maldova and stay there for those 4 months? Could it be soon? I don't see your timeline and have no idea where you are on the I-129F journey. If it has already been filed, you should receive NOA2 soon (Vermont, right?). and if you still have 4 months to fulfill, that will be a problem. You won't be issued a visa. I don't know how long an extension is (maybe 3 months per one request) and how many requests for the extension you can ask for.

If you can't go back to Maldova to spend 4 months there soon and the petition has been filed, I would withdraw the petition and wait until I'm close to finish my 4 months and then refile it.

I waited for 19 months to finally be able to file it because of this 2 yr HRR on my back.

I agree with some friends here that a waiver may not be your choice now. It could take a long time to get it if you are eligible (you may be found ineligible). And I have not seen anyone petitioning a waiver after they return to their home country (I may be wrong on this).

Now you have some idea about the J-1 and what you could proceed. Do a lot of research and talking to an attorney probably is a good idea.

We are here to help each other out. I was in the dark also as to what to do as a J-1 holder and the k-1. You are very fortunate that more members here know about it now than in the past when I asked questions about it here.

If all you can do is wait, you will just have to take it. But I sincerely hope you don't have to wait long like me. Life sucks at times.

I wish you the best, Zinzaza. :star:

zyggy · March 27, 2007

I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....
A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.

Rebeccajo,

The K visa a non-immigrant visa, but it does have the "immigrant" intent attached to it. (There are gray areas that I don't think USCIS anticipated and will eventually address by ammending the K 1 visa specifications or at least clarifying them somewhat.)

I think with this type of thing a 2 year HRR, it is considered an obligation that must first be fulfilled before this visa would be granted. Just as it is a K-1 requirement that you be free to marry a the time the petition is made, you must also be free to emigrate.

The point of my post was to remind all that a K visa is classified as non-immigrant.

I disagree that the K visa has immigrant intent attached to it. At least procedurally. If USCIS perceived immigrant intent then AOS would be automatic upon the satisfaction of the visa (although my understanding is when the K1 was originally conceived, AOS was nearly an automatic grant).

I believe the only thing INS didn't anticipate when they created the K visas was for the world to change. The relative ease of international travel today (25 years ago who would have thought 'commoners' could fly abroad as inexpensively as we do today) and the ability of people to communicate around the globe via improved phone technology and the internet. The K was designed to bring couples together faster when marriage petitions were taking ungodly ages of time to process. It was then up to the couple where they lived. It was up to the couple to complete the immigration process - if it was desired.

My expectation is that the K1 and K3 visas will be eliminated entirely. As should happen IF DHS is eventually able to move into the modern age of technology, and find a way to meld USCIS and DOS communications while still acheiving checks and balances.

Actually while technically a non-immigrant visa, it is considered a visa that leads to immigrant status and therefore is usually treated as an immigrant visa in most respects... (processed by immigrant visa unit, medical and police certificates required, etc.)

The regulations were written (back in the 1970's) that the K visa was esentially an immigrant visa with one small stipulation that was yet to be completed... that is the couple had to be married... The K visa allowed a USC and their foreign fiancee to go through all the procedures of an immigrant visa in their home country and then come to the US to seal the deal... After they were married, they could take their marriage certificate to their local USCIS DO and get a GC on the spot...

We all know that that isn't the case now, but the basic premise remains... the purpose of the K-1 is to allow the USC and their fiancee to go through all the checks and procedure needed for an immigrant visa (minus the marriage), marry and subsequently adjust in the US... now if only the USCIS would realize that they don't need to repeat all those checks again once the I-485 is filed... uggh...

Edited March 27, 2007 by zyggy

AUBGER · March 27, 2007