Put K-1 visa interview on hold?

[EngineerSwede 1]

Hi everyone,

 

I'm in need of immediate help. I've tried searching but had no luck in finding an answer. 

 

My fiancée and I just recently got our I-129F approved and thought we were getting close to being reunited.

However, we just realised that I am still under the "two-year-rule" from my J1 visa, on which I met my fiancée.

 

I obtained a J1 visa for exchange studies in New York for two semesters. Since then I've been in Sweden for about a year to finish my master studies. I'm a Swedish national.

 

From my understanding it is impossible for me to obtain the K1 visa at this point and to obtain a waiver for the two year rule can take several months. The validity of the I-129F expires in a little over 2 months time.

My main question is therefore, does this mean that we need to restart the whole process with obtaining an I-129F?

 

I realise that it is completely our fault for being uninformed about the two year rule in the first place.

I would really appreciate any help in the matter, we are quite desperate at this point. Especially since we just learned that it would take her about 14-18 months to get a residency permit in Sweden, so unless it is possible to extend the date for which we can schedule the interview for the K1 visa we have nothing but bad alternatives. 

 

Thank you,

EngineerSwede

[Scandi 3,970]

The validity of the i-129f approval can get extended for up to a year, 4 months at a time. The Swedish embassy most likely extends it automatically when it's about to expire but if I were you I would contact them and ask to have it extended just to be safe.

[EngineerSwede 1]

1 minute ago, Scandi said:

The validity of the i-129f approval can get extended for up to a year, 4 months at a time. The Swedish embassy most likely extends it automatically when it's about to expire but if I were you I would contact them and ask to have it extended just to be safe.

Thank you for the quick answer, Scandi! I will contact the embassy.

 

It would also be very interesting to hear about the experiences of someone who applied for a waiver of the 2 year rule.

To my understanding it would be a "No Objection Statement" that would be the most relevant for me to apply for?

 

Is it then so that the processing time is highly dependent on what country I appeal about this for? So in my case Sweden. 

 

Thank you,

EngineerSwede

[DrEllaNJ 288]

you could also look into the possibility of getting married right now and getting a spousal visa. This would also take about a year, and would at least eliminate the process of AOS. The i-129 is at that point wasted money, but so be it. You would get a green card upon entry and would be able to start working right away.

 

This means you'd have to visit the States on a visitors visa, get married, and come back. You may have to prove ties, but your obligation to serve out your 2-year HR would be a big argument in your favor.

 

Good luck!

[PauliA 3]

2 hours ago, EngineerSwede said:

Thank you for the quick answer, Scandi! I will contact the embassy.

 

It would also be very interesting to hear about the experiences of someone who applied for a waiver of the 2 year rule.

To my understanding it would be a "No Objection Statement" that would be the most relevant for me to apply for?

 

Is it then so that the processing time is highly dependent on what country I appeal about this for? So in my case Sweden. 

 

Thank you,

EngineerSwede

Hi!

I'm going to apply for k1 visa and I also had a J1 visa with the two year requirement. I started my waiver application mid march. My embassy took a month to send the no objection statement. It was received on April 21st and was given favorable recommendation by Department of State on June 2nd. It was transfered to USCIS on June, 5nd and right now I'm waiting for their final decision on my waiver. 

Edited July 11, 2017 by PauliA

[EngineerSwede 1]

On 11 juli 2017 at 10:03 PM, DrEllaNJ said:

you could also look into the possibility of getting married right now and getting a spousal visa. This would also take about a year, and would at least eliminate the process of AOS. The i-129 is at that point wasted money, but so be it. You would get a green card upon entry and would be able to start working right away.

 

This means you'd have to visit the States on a visitors visa, get married, and come back. You may have to prove ties, but your obligation to serve out your 2-year HR would be a big argument in your favor.

 

Good luck!

Our hopes are that the "no-objection" path would be quicker than a year. Maybe we are naive?

 

I'm not entirely sure about what you mean with your last paragraph, about proving ties?

 

Thank you for your input!

[Scandi 3,970]

Is it possible to visit the US as a tourist if you have the 2 year rule on your previous visa and it hasn't yet been 2 years? Or does the 2 year rule only count for other types of visas and not a tourist/VWP one?

[EngineerSwede 1]

On 12 juli 2017 at 0:55 AM, PauliA said:

Hi!

I'm going to apply for k1 visa and I also had a J1 visa with the two year requirement. I started my waiver application mid march. My embassy took a month to send the no objection statement. It was received on April 21st and was given favorable recommendation by Department of State on June 2nd. It was transfered to USCIS on June, 5nd and right now I'm waiting for their final decision on my waiver. 

Hi!

 

Thank you for your input.

That waiting time does not sound too bad, at least not if the final decision doesn't drag out in time. 

 

 

[EngineerSwede 1]

1 minute ago, Scandi said:

Is it possible to visit the US as a tourist if you have the 2 year rule on your previous visa and it hasn't yet been 2 years? Or does the 2 year rule only count for other types of visas and not a tourist/VWP one?

Yes, I've already visited earlier this year. It does not affect the ESTA.

[Scandi 3,970]

I was curious about that, wasn't sure exactly what the rules were. Thank you!

[DrEllaNJ 288]

"proving ties" means that if you enter as a visitor (to get married), you may have to prove that you will be leaving the country, so prove ties to your home country. In subsequent posts you say that you've already visited on ESTA so that shouldn't be a problem.

 

I have no idea how long the wait is. I did hear horror-stories from a couple of friends who got a non-objection letter from their government and still got denied a waiver of the 2-yr HR  If it all works, it will be quicker, but if you get denied, you'll have to wait it out.

 

After moving to the US, you still need to get married, do AOS (which costs $1225), and be out of work for 3/4 months while you wait for your employment authorization. You skip all of that if you do spousal visa.

 

I hope it works out for you!

[EngineerSwede 1]

2 minutes ago, DrEllaNJ said:

"proving ties" means that if you enter as a visitor (to get married), you may have to prove that you will be leaving the country, so prove ties to your home country. In subsequent posts you say that you've already visited on ESTA so that shouldn't be a problem.

 

I have no idea how long the wait is. I did hear horror-stories from a couple of friends who got a non-objection letter from their government and still got denied a waiver of the 2-yr HR  If it all works, it will be quicker, but if you get denied, you'll have to wait it out.

 

After moving to the US, you still need to get married, do AOS (which costs $1225), and be out of work for 3/4 months while you wait for your employment authorization. You skip all of that if you do spousal visa.

 

I hope it works out for you!

Oh I see. That might actually be a route to go as well then. 

 

I'm aware of the wait for the employment authoirization and AOS fee. The main driver at this point for going the no objection route is that it's been hard enough to be apart for a year. So we would just like to be together as soon as possible. 

 

Thank you!

[Emmsan 51]

On 2017-07-11 at 10:02 PM, EngineerSwede said:

Thank you for the quick answer, Scandi! I will contact the embassy.

 

It would also be very interesting to hear about the experiences of someone who applied for a waiver of the 2 year rule.

To my understanding it would be a "No Objection Statement" that would be the most relevant for me to apply for?

 

Is it then so that the processing time is highly dependent on what country I appeal about this for? So in my case Sweden. 

 

Thank you,

EngineerSwede

I thought I was a subject to the 2 year rule (it says I am on my J1 Visa) and applied for a waiver before we applied for a K1 Visa. The entire process took about 10 months due to various things, for example lost mail. I ended up contacting my congressman about it since I was way out of processing time too. Turned out I wasn't a subject to the 2 year rule at all (according to DOS).. Maybe you aren't either? It could be worth looking into, even if it says you are on your visa.  

 

I think I read about someone that did the K1 and found out at the interview that they had to get a waiver for the 2 year rule. And once they got the waiver the visa was approved. 

[Lorna&Alex 104]

I had a J1 visa last summer because I went to the states through a company called BUNAC but I read on a website that you're only eligable for the 2 year rule if:

• If the exchange visitor is financed by the U.S. government or a foreign government for the purpose of coming to the U.S. on the J-1.
• If the skill(s) that the visitor is coming to develop or work with are in a field that the visitor’s government requested to be included on the State Department’s skills list.
• The visitor is coming to the United States to receive "graduate medical education or training." Only medical doctors are subject in this case.

none of these apply to me so I believe I am not subject to the 2 year rule. Hopefully this might helps someone else too.

[DrEllaNJ 288]

2 hours ago, Lorna&Alex said:

I had a J1 visa last summer because I went to the states through a company called BUNAC but I read on a website that you're only eligable for the 2 year rule if:

• If the exchange visitor is financed by the U.S. government or a foreign government for the purpose of coming to the U.S. on the J-1.
• If the skill(s) that the visitor is coming to develop or work with are in a field that the visitor’s government requested to be included on the State Department’s skills list.
• The visitor is coming to the United States to receive "graduate medical education or training." Only medical doctors are subject in this case.

none of these apply to me so I believe I am not subject to the 2 year rule. Hopefully this might helps someone else too.

This helps mainly people here on VJ who see "J-1 visa" and immediately scream: 2-year Home Requirement!

For those on a J1 visa, look at your DS 2019 - there's a section about the 2-year rule, and see which box is checked - does apply or does NOT apply. Check your visa stamp - does it say does apply or does not apply? Although, as Emmsan's experience shows, it's not infallible... (that's a really terrible mistake, btw).

 

Interesting: you can ask for an official review from the Department of State: https://travel.state.gov/content/visas/en/general/advisory-opinions.html

 

If you participated in Fulbright, or in some cases study/work at a state university, or participated in a government program, chances are you are subject to the rule. But I don't think it's the majority of J1 holders. Here's another explanation: https://internationalaffairs.uchicago.edu/twoyearreq

Edited July 14, 2017 by DrEllaNJ