2 year restriction question

[hladtech 0]

My fiance has been to the us on a previous and has a two year restriction on returning. she went back to her home country and only has a few moths to go before this restriction runs out. durring this 2 years she got a job in annother coubtry for 6 months. she didnt have to show her passport to get there or back. is there a way, or will the embassy even try, to check if she was out of her country working?

[Dan J 277]

My fiance has been to the us on a previous and has a two year restriction on returning. she went back to her home country and only has a few moths to go before this restriction runs out. durring this 2 years she got a job in annother coubtry for 6 months. she didnt have to show her passport to get there or back. is there a way, or will the embassy even try, to check if she was out of her country working?

Home residency restriction generally means she needs to be in her home country for two years, Any time spend outside of her home country will now count against those two years.

[hladtech 0]

Home residency restriction generally means she needs to be in her home country for two years, Any time spend outside of her home country will now count against those two years.

Thank you for the response. im just wondering since she didnt have to show her passport, how will they know? will they check all countries?

[Dan J 277]

Thank you for the response. im just wondering since she didnt have to show her passport, how will they know? will they check all countries?

They might, you can contact the consulate or embassy in her country to see how much time she has left on her home residency restriction.

[chuckandkim 0]

Please share:

1. Home country

2. Third country where she works and lives for more than 6 months

3. Type of case (K-1, K-3)

Why I say it because there is a Police Certificate of Foreign Country required if she lives and works outside of her home country more than 6 months after the age of 16. Please contact the Consulate in her country for exact detail on your case.

[hladtech 0]

Please share:

1. Home country

2. Third country where she works and lives for more than 6 months

3. Type of case (K-1, K-3)

Why I say it because there is a Police Certificate of Foreign Country required if she lives and works outside of her home country more than 6 months after the age of 16. Please contact the Consulate in her country for exact detail on your case.

neither her home country or the country she worked in required a police certificate. this is for a K1.

[Yodrak 7]

hladtech,

"Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States."

Even if the consulate does not check, if a willful material misrepresentation is made and is discovered at a later date, such as adjustment of status, removal of conditions, or naturalization, it will be all over.

Is 6 months worth it?

Yodrak

My fiance has been to the us on a previous and has a two year restriction on returning. she went back to her home country and only has a few moths to go before this restriction runs out. durring this 2 years she got a job in annother coubtry for 6 months. she didnt have to show her passport to get there or back. is there a way, or will the embassy even try, to check if she was out of her country working?

[payxibka 10,045]

Please share:

1. Home country

2. Third country where she works and lives for more than 6 months

3. Type of case (K-1, K-3)

Why I say it because there is a Police Certificate of Foreign Country required if she lives and works outside of her home country more than 6 months after the age of 16. Please contact the Consulate in her country for exact detail on your case.

neither her home country or the country she worked in required a police certificate. this is for a K1.

While it may be true that neither her home country or the country she worked in required a police certificate is really of no consequesnce, as the US consulate before issuing the K-1 will.

Edited August 6, 2007 by fwaguy

[rebeccajo 14]

Please share:

1. Home country

2. Third country where she works and lives for more than 6 months

3. Type of case (K-1, K-3)

Why I say it because there is a Police Certificate of Foreign Country required if she lives and works outside of her home country more than 6 months after the age of 16. Please contact the Consulate in her country for exact detail on your case.

neither her home country or the country she worked in required a police certificate. this is for a K1.

While it may be true that neither her home country or the country she worked in required a police certificate is really of no consequesnce, as the US consulate before issuing the K-1 will.

Unless it's one of the countries on the list.

[hladtech 0]

so should we apply for a visa waiver and a k1 visa at the same time? she is from poland.

[payxibka 10,045]

Please share:

1. Home country

2. Third country where she works and lives for more than 6 months

3. Type of case (K-1, K-3)

Why I say it because there is a Police Certificate of Foreign Country required if she lives and works outside of her home country more than 6 months after the age of 16. Please contact the Consulate in her country for exact detail on your case.

neither her home country or the country she worked in required a police certificate. this is for a K1.

While it may be true that neither her home country or the country she worked in required a police certificate is really of no consequesnce, as the US consulate before issuing the K-1 will.

Unless it's one of the countries on the list.

Not required or still required but can get the requirement "waived' (for example due to unavailability)? Bottom line may be the same but there is a subtle difference between the two.

[*julez* 124]

so should we apply for a visa waiver and a k1 visa at the same time? she is from poland.

If you are engaged to be married, then you should file an I129f petition so that she can obtain a K1 visa.

If you are trying to get a waiver for the 2 yr. residency restriction, it should be prepared and ready to hand in at the time of the interview.

Incidentally, if you review the following link, you will note that your fiancee will need to apply for a police certificate in Poland: http://poland.usembassy.gov/poland/police_certificates.html As I'm not sure as to where else she resided for mre than one year, you will need to figure out whether or not it is required for those countries.