J1 VISA 2 year requirement + K1 application

[agronomama 0]

hi all!

i need some answers from someone with experience...

i met my peruvian fiance in april of 2008 in the US when he was working there on a J1 VISA that has a 2 year requirement that he cannot return to the USA until then... but i am confused as to if this means 2 years from the day he entered the USA or years from when he left and returned to Peru.

assuming that the application process takes a minimum of 5-6months to approval, would it be OK to mail in our application 5-6 months before his 2 year requirement is completed? or must we wait two years before sending in the application?

thanks for any help!!!

[ladywhite 0]

hi all!

i need some answers from someone with experience...

i met my peruvian fiance in april of 2008 in the US when he was working there on a J1 VISA that has a 2 year requirement that he cannot return to the USA until then... but i am confused as to if this means 2 years from the day he entered the USA or years from when he left and returned to Peru.

assuming that the application process takes a minimum of 5-6months to approval, would it be OK to mail in our application 5-6 months before his 2 year requirement is completed? or must we wait two years before sending in the application?

thanks for any help!!!

I had that experience to share with you and hope it helps.

I was a J-1 holder with a 2 year home residency requirement (HRR). The HRR requires you to be physically present in your home country for 2 years, which starts on the date you return to your home country. I returned to my home country on Sept 1, 2005, whose date was stamped on my passport. That meant that my 2 year rule would be over beginning Sept 2, 2007 (I didn't leave the country during these 2 years).

I filed my I-129F in March 2007. By the time it was approved and processed to the US embassy in my home country to the date of my interview, it was Sept 5, which was after my 2 year requirement.

I requested them to schedule my visa interview after Sept 1, knowing I wouldn't be granted a visa if the interview was before Sept 1 because I would still be on the 2 year rule.

I hope this helps. If you have more questions, please ask and I will try to help.

Good luck!!

[Audy_Rob 26]

i met my peruvian fiance in april of 2008 in the US when he was working there on a J1 VISA that has a 2 year requirement that he cannot return to the USA until then... but i am confused as to if this means 2 years from the day he entered the USA or years from when he left and returned to Peru.

My ex-wife was a J-1 from Venezuela. But a J-1 was a student visa on a scholarship funded by their home country's government or a private agency not their family. The J-1 used to be impossible to get around (except for a waiver which was impossible) . I have not heard of being allowed to work in the USA on a J-1.

But the point is, that now the DOS (department of state) routinely issues no objection letters which must become part of the I-129F package if the student was/is here in the USA on a J-1. I think you should check to see if there is a waiver for the J-1 and also check on whether he was a student and maybe working when he should not have.

[Gary and Alla 3,694]

My ex-wife was a J-1 from Venezuela. But a J-1 was a student visa on a scholarship funded by their home country's government or a private agency not their family. The J-1 used to be impossible to get around (except for a waiver which was impossible) . I have not heard of being allowed to work in the USA on a J-1.

But the point is, that now the DOS (department of state) routinely issues no objection letters which must become part of the I-129F package if the student was/is here in the USA on a J-1. I think you should check to see if there is a waiver for the J-1 and also check on whether he was a student and maybe working when he should not have.

Correct. You should apply for a waiver from the state department and include that in the I-129f petition. The "clock" on a residency requirement starts when he returns to his home country. Waivers are not automatically granted.

The waiver should be obtained or the residency requirement have passed before filing the peition. Another poster says they filed the petition before the residency requirement was met, my guess is they got lucky or someone missed something in their petition. USCIS will not process a petition for which the people are not qualified, just as they will not process a petition for a pending divorce or a pending birthday to qualify a person to be of marrying age. Nor will they process a petition if you have not met your fiancee but plan to before the petition is approved. You MUST be eligible for the visa when you file the petition.

Get the waiver first.