K1 + J1 Visa Waiver simultaneously

[ang_b 32]

Hello everybody,

 

I would like your opinion on this. I am filling for a K1 visa with my American Fiancee, and we are about the send the I-129f next week. 

The problem is that I've been in the US for a year from August 2015 to August 2016 under a J1 visa, and I'm subjected to the two-year-residency requirement.

 

This requirement will expire in mid August 2018, but by looking at the current timelines for the K1 visa, there is a chance that I will be able to schedule my embassy interview around June/July.

Since I don't want to risk having to wait until mid august to schedule my interview, I would like to know if it's possible to file for a J1 Visa Waiver at the same time.

 

My J1 visa was sponsored by my government, but I already have their No-Objection statement, so that would not be a problem.

My question is regarding the timelines. Is the J1 Waiver issued faster than the K1 visa? Do you think it is a good idea to do this?  

 

Thank you.

[Coco8 1,042]

You are able to push your interview date in case you do not get waiver. You can basically choose the interview date for the consulate. You should not schedule the interview until (a) you have the waiver, or (b) you have completed the time in your country (take into account that travel to the US will be discounted so if you have spent time in the US during the 2 years, you need more time in your country). 

 

I would apply to K1 right now. It takes 8 months. 

 

I would also apply for the J1 waiver right now. 

Edited December 16, 2017 by Coco8

[ang_b 32]

1 minute ago, Coco8 said:

You are able to push your interview date in case you do not get waiver. You can basically choose the interview date for the consulate. You should not schedule the interview until (a) you have the waiver, or (b) you have completed the time in your country (take into account that travel to the US will be discounted so if you have spent time in the US during the 2 years, you need more time in your country). 

 

I would apply to K1 right now. It takes 8 months.

Hello,
Ok, so if by any chance I don't get the waiver, I'll just push my interview date.
Yes, I am already taking into account the days I've spent in the US during the 2 years. 

I will send our application on Monday, so hopefully everything works out. I am expecting it to be done by June/July, based on the timelines I've checked for the Vermont Service Center, but if it takes 8 months that's not a big deal. We've waited this long, a couple more months is doable

Thank you.
 

[Boiler 46,322]

Only you can tell whether it is worth the time and hassle to apply for the waiver, with timelines that short not sure I would bother.

[EandH0904 1,184]

36 minutes ago, angelo_brianna said:

I am expecting it to be done by June/July, based on the timelines I've checked for the Vermont Service Center, but if it takes 8 months that's not a big deal. 
 

I don't think you get to choose where your petition is processed at. It's often not the closest or where you send it to. 

 

Even if your petition was approved in june/July  it's another month to get through NVC to your consulate then your interview has to be scheduled after. I'd say august/September if you're lucky. 

[ang_b 32]

12 minutes ago, EandH0904 said:

I don't think you get to choose where your petition is processed at. It's often not the closest or where you send it to. 

 

Even if your petition was approved in june/July  it's another month to get through NVC to your consulate then your interview has to be scheduled after. I'd say august/September if you're lucky. 

I didn't know that. I assumed that since my fiancee is from Vermont and we're sending everything from there, it'd be processed there as well.

 

 

[TNJ17 1,329]

It’s not realistic to expect a K1 interview by next summer since it’s currently taking USCIS alone around 6-7 months to approve a petition and that time is only gonna be longer. It takes another couple of months for NVC, then you are able to schedule your interview, but the timeframe for that will depend on the embassy. Some are fast, some are not. 

 

Unless you qualify for expedited processing, I can’t see that happening at all. And expedited processing is very very limited. 

[EandH0904 1,184]

8 minutes ago, angelo_brianna said:

I didn't know that. I assumed that since my fiancee is from Vermont and we're sending everything from there, it'd be processed there as well.

 

 

All i-129fs are supposed to be sent to the Texas lockbox, not your closest center. 

 

https://www.uscis.gov/forms/direct-filing-addresses-form-i-129f-petition-alien-fiancee

 

Make sure you familiarize yourself with the process. 

[ang_b 32]

Just now, EandH0904 said:

All i-129fs are supposed to be sent to the Texas lockbox, not your closest center. 

 

https://www.uscis.gov/forms/direct-filing-addresses-form-i-129f-petition-alien-fiancee

 

Make sure you familiarize yourself with the process. 

Yes I know we're supposed to send it to the Texas address, but I assumed that since it was mailed from Vermont and her physical address is there, it'd be processed there as well.

Thank you

[Coco8 1,042]

1 hour ago, angelo_brianna said:

Yes I know we're supposed to send it to the Texas address, but I assumed that since it was mailed from Vermont and her physical address is there, it'd be processed there as well.

Thank you

 

Where petitions are processed is determined more by the backlog of the different service centers, among other things. 

 

The J1 waiver is expensive but I'd still apply for it because it means you do not have to prove you've been in Brazil for 730 days. Even if your consulate appointment is after those years, I think it would make for an easier interview. You can just present the waiver and mention that you have still completed the 2 years in your country, but you got the waiver just in case.

 

[geowrian 22,338]

3 hours ago, angelo_brianna said:

I didn't know that. I assumed that since my fiancee is from Vermont and we're sending everything from there, it'd be processed there as well.

3 hours ago, angelo_brianna said:

Yes I know we're supposed to send it to the Texas address, but I assumed that since it was mailed from Vermont and her physical address is there, it'd be processed there as well.

Nope. Petitions and applications that do not require an interview (like an I-129F in almost all cases) are sent to service centers. These are then relayed to a service center based on their backlog and policies for that form. If a form were to require an interview, then it would be transferred to your local field office instead.

 

All I-129Fs for a fiance/fiancee are sent to CSC at this time.