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andres caban

Might Previous J-1 Speed K-1 Processing Time? [split topic]

By andres caban in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Boiler Grand Master

Boiler   45,946

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like she was an au pair so no 2 Year HRR

Most J1's seem to just stay and adjust so this is not very normal, but I agree should have no impact on time line.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

DrEllaNJ Community Regular

DrEllaNJ   288

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted

former J-1 holder here. Check if her visa says "2-yr rule DOES NOT APPLY" (since she was an au pair, chances are, it does not).

I had 3 J-1 visas, all without 2-yr HR, and successfully adjusted status. However, I feel like if anything, it took me longer than others. At the interview, the IO wanted to see ALL my previous visas to check whether they had that same line about 2-yr rule, and she asked me again to be sure, if I had ever had a visa with 2-yr home requirement.

It would have been easier for your fiancee to stay in the US and adjust status, but since she went back, you'll have to go through K-1 or CR/IR-1, sorry.

Going through this entire process has at least made me more understanding of how someone becomes illegal. There's so many regulations I didn't even know existed, that most USC have no idea exist, and it's very easy to make a mistake and screw it up. An example is the fact that when you say J-1, everyone automatically assumes you have 2-yr HR, which is simply not true. Most likely, your fiance does not have that requirement, and you can start the process right away (but only you know, check what it says on her visa/DS2019).

That said, it is possible to do it all the right way if you follow all the rules, with the help of people on this site, or lawyers if you want to spend money for peace of mind.

Good luck with your journey!

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

OP has had plenty of advice and help (the legal and right way) on this situation.

Claiming to go the illegal path because it best suits them IS an insult and waste of time to those who contribute here. Not to meantion tinkering very close to violating the site's TOS.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~This thread is now closed to further comment~

~OP has received numerous appropriate comments~

~This topic is not to be referred to, or restarted in another thread~

Pitaya

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Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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