Home Residency Restriction

[AUBGER 0]

That's right.. the USCIS has no problem with it... they'll be more than happy to approve your petition... However, the State Department at the colnsulate cannot by law issue your fiancee a K-visa until the HRR has either been waived by the State Department or has been completed.

That is exaclty what I thought...but then I'm the pessimst of the famly aaaah...it's ok..my debt to society will only continue for a little whle

Thank you

[AUBGER 0]

How long has it been since you have been outta the USA after your J1 visa?

Since the one with the requirement...5 years but then I had visas in between...3 more..of 4 months

overall..i have more than two cumulative years overseas...only out of moldova too I go to school in Bulgaria

[together2love 0]

Ah, so not long left then. Well, you might as well wait it out. I wish you luck

[JoeMama 0]

http://travel.state.gov/visa/temp/info/info_1296.html

This page contains info on obtaining waivers for J1's. Scroll down to the bottom and open the next to the last link, which will open a PDF. Go to page 11 and read the first 'Miscellaneous Question'.

Thank you for the link..I hate to be skeptical but Mike needs lower his optimism...I sent him the link and the "proof" that it does not matter if I studied in Bulgaria or not...I have to be in Moldova. However, since I only have to "serve" 4.5 months, I dont think I should apply for a waiver....it might take way more than 4 months...MPGPM was right...

Thank you very much for clarfying my confusion

So you are gonna have to wait it out after all?

Well, as we had talked about, maybe we can all meet up on the Black Sea and do some celebrating together before Mike and I bring you lovely Eastern European ladies to join us in the US!

[MPGGPM 0]

That's right.. the USCIS has no problem with it... they'll be more than happy to approve your petition... However, the State Department at the colnsulate cannot by law issue your fiancee a K-visa until the HRR has either been waived by the State Department or has been completed.

That's very true...on paper. Although, I know of a few cases where that law has definately been bent, for various reasons. Including one person on VJ not too long ago whose spouse was able to get the CR-1 5 months ahead of time,....with no waiver. Reasons vary, but much depends on the discretion of the person doing the interview, as to whether how "picky" they will be the counting of the actual days of "physical presence".....and how stringent they will be when following the actual law.

To Kinzaza.......listen to the others and do not go by people at USCIS. Many of them are clueless.....believe me, I have been through much of this with my own wife. Best thing to do is to speak with the consulate. So many people, when i called USCIS for various reasons, did not even know what the 2-year home residency even was.

Not many people are very knowledgable about the J-1 and it's rules. Some even told me that I could NOT file an I-130 UNTIL my wife was done with her 2 years. Had I listened to those at USCIS (and actually a few here on VJ when I first joined and asked that question)..................I would be starting the application now, and instead of my wife coming in a few weeks, we would be looking at another year.

I think right now your best bet is to call the consulate, and find out if you can do your interview as scheduled. If they do indeed hold the visa if your time was not served, that you have nothing to lose. However................if you can still attend your interview as planned, you stand an outside chance that they may overlook your remaining few months time, and give you the visa anyhow. It's a longshot, but who knows.......

Point is....if the consulate will hold your visa, then you have nothing to lose.(no denial)....and possibly everything to gain by keeping your schedule. (possibly approve).

[Ivelina_Andrew 0]

http://travel.state.gov/visa/temp/info/info_1296.html

This page contains info on obtaining waivers for J1's. Scroll down to the bottom and open the next to the last link, which will open a PDF. Go to page 11 and read the first 'Miscellaneous Question'.

Thank you for the link..I hate to be skeptical but Mike needs lower his optimism...I sent him the link and the "proof" that it does not matter if I studied in Bulgaria or not...I have to be in Moldova. However, since I only have to "serve" 4.5 months, I dont think I should apply for a waiver....it might take way more than 4 months...MPGPM was right...

Thank you very much for clarfying my confusion

So you are gonna have to wait it out after all?

Well, as we had talked about, maybe we can all meet up on the Black Sea and do some celebrating together before Mike and I bring you lovely Eastern European ladies to join us in the US!

Hey guys can I join the party?I heard it is quite nice there in the summer

[JoeMama 0]

Hey guys can I join the party?I heard it is quite nice there in the summer

Sure! Why not? We don't know for sure. If Elena has to wait out her HRR, we were guessing that myself and her fiance would be near the area around the same time as I am going to get my fiancee. If it's possible, we may all meet up together. If you ever get a chance, definitely hit up the Black Sea during the summer! The place I enjoyed was in the southern most part of Ukraine called Yalta. It reminded me of Hawaii with no palm trees or the high cost. Absolutely beautiful!

Edited April 6, 2007 by altimixdj