J-1 VISA holder(canadian) +american

[canadian+amer 0]

I met my fiance while i was living in vermont as a nanny on a J-1 visa. I have recently read that i need to live in my home country for two years. Is this true? I am wondering am I going to have to live in Canada for two years after we get married like it says on the pieces of paper from having a J1 Visa for almost two year. I just foudn out the other day and have no idea what to do. I would like not to have to be away from my husband. Please tell me there is some hope. We are currently in the process of filling out the forms for the K-1 visa. And we live in vemont so we will send it there. And i am going home for a while to get a job before our wedding while everything is being processed. What can i do. I feel like this isnt good news??? wacko.gif

HELP ME PLEASE!!!

Thanks

Becky

[Dr_LHA 3]

You need to find out if you are subject to 212(E) first (which is the official term for the 2 year home residency requirement). First steps, does you J-1 visa have anything like "Not Subject to 212(E)" on it? 2ndly look at the DS-???? form (someone else fill in the ?s for me, when I had a J-1 it was called IAP-66) which should have a box on it saying whether you are subject to it.

If you get 2 "nos" more than likely you're not going to have to go back for 2 years. Although at this point it might be a good idea to seek a judgement from the Department of State.

I would say as a Canadian here as a nanny, unless you were funded by either the US or Canadian government, chances are you are not covered by 212(E).

Worst case scenario, you need to apply for a waiver of the 2 year HHR. Again this is done through the Department of State.

Edited April 26, 2007 by Dr_LHA