Is I129F Still needed if my fiance is here on a J1 visa

[dmauriceabcd 0]

Does anyone know if the I129F still needs to be completed if my fiance is here already on a J1 exchange visa? Many thanks!!

[ellis-island 6]

A fiancee visa is not normally for a person residing in the U.S.

It is for a beneficiary who will interview at a US Consulate.

Does the "J" visa have 212(E) stamped on it?

Is he subject to the 2 year home residency requirement?

Best case scenarion - he's got a J visa, not subject to 212(E).

Worst case scenario - he's got a J visa and is subject to 212(E).

In #1 you can marry him and adjust in the US.

In #2 you can marry him here or wait and

sponsor him as a fiancee when he returns to

his home country.

There are waivers to the 212(E) home residency requirement.

You should contact a lawyer near you who handles them.

Good luck.

Does anyone know if the I129F still needs to be completed if my fiance is here already on a J1 exchange visa? Many thanks!!

[sparkofcreation 0]

What ellis-island says is correct, but I did want to add that I've never heard of someone getting the HRR waived, there have been lots of couples here who have had to wait them out. Waivers are really hard to get.

We married and filed the I-485 (AOS) while my husband was here on a J-1 visa (no HRR though).

Edited March 25, 2008 by sparkofcreation

[dmauriceabcd 0]

A fiancee visa is not normally for a person residing in the U.S.

It is for a beneficiary who will interview at a US Consulate.

Does the "J" visa have 212(E) stamped on it?

Is he subject to the 2 year home residency requirement?

Best case scenarion - he's got a J visa, not subject to 212(E).

Worst case scenario - he's got a J visa and is subject to 212(E).

In #1 you can marry him and adjust in the US.

In #2 you can marry him here or wait and

sponsor him as a fiancee when he returns to

his home country.

There are waivers to the 212(E) home residency requirement.

You should contact a lawyer near you who handles them.

Good luck.

Does anyone know if the I129F still needs to be completed if my fiance is here already on a J1 exchange visa? Many thanks!!

Thanks for the info ellis_island. I'm checking, but I'm pretty sure she has the stamp you refer to. If I marry her here, do you know if she can she stay while we wait for her green card?

[payxibka 10,048]

Thanks for the info ellis_island. I'm checking, but I'm pretty sure she has the stamp you refer to. If I marry her here, do you know if she can she stay while we wait for her green card?

If she is subject to the 2 year home residency requirement and you do not get it waived she cannot stay and adjust her status until she goes home and fulfills her requirement.

[aleena 0]

do not waste another day and start the waiver procedure! you won't need a lawyer for it...unless she is a difficult case. i did it myself. it also depends on your fiancee's embassy and their special procedure. you can get info on the Department of State web site and the embassy web site. It is not a very difficult procedure but takes time. as far as i read about it, it becomes complicated if your fiancee got government or US funds for her J1 training...

After getting the waiver you can marry her and adjust status. Preferably before her J1 status expires. but i think it can be done even if she will have to be out of status for a while.

Good luck!!!!!!!

[aleena 0]

and going directly to your question...NO, you don't need to file I-129 F but you need the waiver to Adjust Status after getting married.

That is the easiest way...

[dmauriceabcd 0]

Thanks everyone!! You're input is greatly appreciated!! Dan