2-year rule waiver from j1 & applying for k1

[lovebug923 0]

Hi everyone, I'm new to this website. My fiance is from England & I'm from Michigan. He has just finished a year studying abroad in San Fransisco on the J1 visa. He has a 2-year rule on his visa, meaning he can't come back and live in the US until summer 2011. We were planning on applying for a waiver & getting a no-objection statement from the UK government, so he wouldn't have to worry about the 2-year rule. He is back in England finishing his last year of university, so he only needs to be there for 1 year anyways. We were planning on applying for the K1 visa after he gets his 2-year rule waived, so we can get married in 2010 after he graduates.

The problem is... we have just tried to start this process, and it appears that the 2-year rule is geared towards people who are not going back to their home country at all & want to stay here and become permanent residents. With the K1, you don't get permanent resident status until after you get married & after the 90 days has passed, right? I am worried if we get the 2-year rule waived, he won't be able to get a K1 right away because he would be doing things backwards.

It's all very overwhelming and I am just wondering if anyone has any advice. We want to get married as soon as possible. We've been long distance for 2 years already, and the thought of waiting another 2 years before we can get married is just awful! Especially since he's back in England now, so we'll only see each other every 5 or 6 months, instead of every 3 months when he was in SF.

Any help is appreciated!

[payxibka 10,045]

you cannot start the waiver process until he is applies for the visa... he is not yet eligible to apply for a K-1 until you have submitted the petition and it has been approved... The 2 yr HRR will NOT stop the I-129f from being approved.

[lovebug923 0]

Thank you for your reply. So we can start the K1 visa application process? But he wouldn't be able to move here until after the 2 years passes, even if the K1 gets approved? I'm still a little confused.

[amykathleen2005 441]

Is this rule applicable for all of those kinds of visas from England? Or was this a special one?

[canadian_wife 1,808]

J-1 is a special visa which routinely has a 2 year home residency requirement, meaning the beneficiary must return home for 2 years before being able to return to the US. It is not just for British citizens, in fact, many beneficiaries of J-1 have a 2 year HRR

To the OP, as payxibka said, you must first petition for your fiance. After that, he may apply for the waiver to be able to return to the US without staying in England for the full 2 years as per his visa requirements

Good luck.

[lovebug923 0]

Is this rule applicable for all of those kinds of visas from England? Or was this a special one?

It's just on the J1 visa, and not even all J1 visas. He receives government funding to go to university, and that's what they base the 2-year rule on. If you check the box that says you receive governemnt funding, they automatically give you the 2-year rule. Don't ask me why. If we had known this at the time he was applying for his student visa, maybe he wouldn't have been so honest... but it's all done now.

[payxibka 10,045]

Thank you for your reply. So we can start the K1 visa application process? But he wouldn't be able to move here until after the 2 years passes, even if the K1 gets approved? I'm still a little confused.

You can petition for determination of eligibility to apply for a K-1... this is a separate pre-requisite process for this visa... 2 yr HRR has no effect on this...

Once the petition is approved and he is able to then apply for the actual visa is when the "waiver" will be needed if you want him here before the 2 yr period expires.. The K-1 will NOT be approved unless the waiver is applied for and granted or the time period has expired

the petition process can take 3 to 6 mos.

[efc 1]

What happend with your case??? I am in a similar situation at the mo, although I should not be subject to 2 year rule, the consular officer made a mistake with my j1 I have just found out and have my k1 interview next month.

What should I do???