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Karen and Patrick

Help J1 visa 2 year rule

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Hello,

If anyone can help please...

Can I apply for my fiancee for a K1 visa, i.e. get the ball rolling, during the time she is still "serving" her 2 year home residency requirement from her J1 visa. If I think the 2 years will be up aound the time her interview would happen (in China) can I plan this way? Or must I wait until until the entire 2 years are up before beginning the K1 process.

Please help me.

-Patrick from Massachusetts

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Have you considered the J1 waiver?

http://travel.state.gov/visa/temp/info/info_1296.html

Where is your fiancée now?

If the waiver is approved you might be able to adjust without her ever returning to China and doing a long wait K1.

I assume she came in according to the terms of her J1.

Edited by Satellite

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Hello,

If anyone can help please...

Can I apply for my fiancee for a K1 visa, i.e. get the ball rolling, during the time she is still "serving" her 2 year home residency requirement from her J1 visa. If I think the 2 years will be up aound the time her interview would happen (in China) can I plan this way? Or must I wait until until the entire 2 years are up before beginning the K1 process.

Please help me.

-Patrick from Massachusetts

You may file your petitioin I-129f during the 2 year period. Many people do time it so that the visa interview is right after the 2-year HRR is up.

In dealing with China, it's not a bad tactic, since cases there can take so long anyway.

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Hello,

If anyone can help please...

Can I apply for my fiancee for a K1 visa, i.e. get the ball rolling, during the time she is still "serving" her 2 year home residency requirement from her J1 visa. If I think the 2 years will be up aound the time her interview would happen (in China) can I plan this way? Or must I wait until until the entire 2 years are up before beginning the K1 process.

Please help me.

-Patrick from Massachusetts

You may file your petitioin I-129f during the 2 year period. Many people do time it so that the visa interview is right after the 2-year HRR is up.

In dealing with China, it's not a bad tactic, since cases there can take so long anyway.

I filed a Cr-1 (not k-1) on behalf of my wife who is serving her j-1 2 year HRR, a few months ago. It was approved, and is on the way to the NVC. She is still serving her time, and I was trying to 'time" it, much in the same way that you are asking.

So, you can, as the response above mine reiterates, file ahead of time.

That does not , obviously , mean you will actually get a visa before that time has been served. But it can be filed ahead, as you asked.

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