Hold the press

[wado1971 0]

I was just informed (hopefully not my case) that in Brazil after an F1 Visa (Student Visa) you must wait 2 years in your home country before applying for the K1 visa.

My Fiancee is German and was in the USA on an F1 visa from 3/05 - 12/05. We are now applying for the K1 visa.

Does anyone know if this rule (Brazilian) applies to Germany?

Hope not

thanks!!

wado1971

[scy 0]

You were misinformed. There is no "two-years rule" for F-1. The two-years rule only applies to certain J-1 visa holders.

[Ladylethal 12]

I was the one misinforming then. O.o

I thought J-1 was student visa, isn´t it?

[scy 0]

I was the one misinforming then. O.o

I thought J-1 was student visa, isn´t it?

J-1 can be used for studies in the US. But its official name is exchange visitor visa.

[wado1971 0]

Ok - best news I heard all night ..... of course this is directly after the worse news tonight

My fiancee was on an F1 student visa (don't know what the J1 is - maybe internships)

Thanks for replying directly "Luis&Laura" - it helped to put my mind quickly at ease.

[Ladylethal 12]

Well, that 2 year thing works for J-1 visa holders, the embassy says nothing about F-1 visas. So it´s prolly nothing, besides, that´s for Brasil.

[dirtyd301 0]

hey there!! even if F1 visa did have a 2 year rule my fiance is from germany as well and he was here on a J1 and was NOT restricted to two year rule!!

good luck!!

Diana and Enrico

[zyggy 9]

hey there!! even if F1 visa did have a 2 year rule my fiance is from germany as well and he was here on a J1 and was NOT restricted to two year rule!!

good luck!!

Diana and Enrico

F1 is a student visa and does not require a 2-year home residency in order to apoply for another type of visa..

However, in most cases, an F1 does not need to get a K1... they can get married in the US and file for adjustment of status based on their F-1 status.

wado..

are you still in the US.... and do you mind getting married in the US... if so, I suggest that you have a consultation with an immigration attorney to determine if there are no unanticipated pitfalls for your own unique situation, but you are most likely to be able to adjust your status in the US without the need for a K-1 visa.

Edited March 27, 2006 by zyggy

[Saddle Bronc 124]

With F-1, there's no rule that you have to go back home AT ALL; a considerable number of H1-b's (mostly Indian and Chinese citizens) are from conversion of F-1.

Zyggy is correct in saying that a current F-1 holder can marry and do AOS directly in US and not waste money (filing fee, plus travel costs) to do K-1.

[wado1971 0]

Very interesting - unfortunately I think we're out of this status.

My fiancee was an F1 student (with the I-20) from 4/05 to 12/05. She then returned to Germany where I proposed. She had no plans after 12/05 to return to the US as a student and therefore had no I-20 which would validate her F1 visa status. She then traveled back into the US on a visitor visa (waiver program for Germany) on 01/16/06 so that we could work on the forms together. She will travel back to Germany 04/16/06 to wait for the interview etc.

It would be great if she could just stay and we marry right now but I don't think our situation fits just right. I wish we were more informed about the legalities prior to our engagement!!

thanks,

wado1971

[Saddle Bronc 124]

If she's in Germany and no longer in F-1 status, it's simply a fresh K-1 case--no connection whatsoever with former F-1 status.

[zyggy 9]

If she's in Germany and no longer in F-1 status, it's simply a fresh K-1 case--no connection whatsoever with former F-1 status.

Yep.. it's a fresh K-1 case... it's too late for you to file an I-485 based on the F-1 status.

[meauxna 15]

If she's in Germany and no longer in F-1 status, it's simply a fresh K-1 case--no connection whatsoever with former F-1 status.

Yep.. it's a fresh K-1 case... it's too late for you to file an I-485 based on the F-1 status.

But then again, she is in the US right now.

A motivated OP could check out their options from today.

Luis&Laura:

I saw you reference this a couple of times.. The J-1 2-year HRR (home return) does not apply only to Brazil. J-1s from anywhere may be subject to that rule.

[Ladylethal 12]

I read this on the brazilian embassy site and I didn't forget it anymore 'cus I thought, phew, I'm glad I went there as a student 10 years ago.