Fiancee had J1 Visa, Will this cause problems???

[bigkeeser 0]

Hello everyone,

I've been reading posts here for a while now, but this is my first post! Let me start with some background info to make this easier. I'm in the military and have been stationed in Germany for the last 3 years. My fiancee is a German citizen and is still in Germany. She spent last year in America on a J-1 Visa as an Au Pair. I believe that part of her trip was funded by a 3rd party company (Au Pair in America). She returned to Germany in July of 2008. I'm set to return to the States in December. We want to apply for the K-1 Visa as soon as I return.

My question is: Will the J-1 visa interfere with getting a K-1 visa? I've read another post where others were having problems and had to wait for a 2 year period. I think it was called 2 Year Home Residency Requirement.

If you can answer that question, I have a few more... Can I start the K-1 process when I get back in December, and just have to wait for a final approval after July 2010?

And yet another question.... She plans to visit some friends in the States this summer for a 2 month period on a regular tourist visa. Will this add to the potential 2 year waiting period?

Last question, I swear! After hearing our situation, would getting married in Germany before my return to the States, and applying for a K-3 Marriage visa once a return be a better alternative? I do not know if this 2 Year wait would also apply for a K3 visa.

Thanks for reading my long post.

[payxibka 10,044]

i do not think au pairs are subject to 2 yr HRR

[Anh map 2,098]

It will cost you a good deal less in fees to marry in Germany and do the DCF route while you are still in Germany. She will also arrive with a green card as opposed to having to adjust status after entering with a K3. Check out the Guides tab at the top of the VJ page to learn about DCF, CR-1, K-3 .

Do some reading about the J-1 on the State Dept. website. http://travel.state.gov/visa/temp/types/types_1267.html

[msu17 0]

Hello everyone,

I've been reading posts here for a while now, but this is my first post! Let me start with some background info to make this easier. I'm in the military and have been stationed in Germany for the last 3 years. My fiancee is a German citizen and is still in Germany. She spent last year in America on a J-1 Visa as an Au Pair. I believe that part of her trip was funded by a 3rd party company (Au Pair in America). She returned to Germany in July of 2008. I'm set to return to the States in December. We want to apply for the K-1 Visa as soon as I return.

My question is: Will the J-1 visa interfere with getting a K-1 visa? I've read another post where others were having problems and had to wait for a 2 year period. I think it was called 2 Year Home Residency Requirement.

If you can answer that question, I have a few more... Can I start the K-1 process when I get back in December, and just have to wait for a final approval after July 2010?

And yet another question.... She plans to visit some friends in the States this summer for a 2 month period on a regular tourist visa. Will this add to the potential 2 year waiting period?

Last question, I swear! After hearing our situation, would getting married in Germany before my return to the States, and applying for a K-3 Marriage visa once a return be a better alternative? I do not know if this 2 Year wait would also apply for a K3 visa.

Thanks for reading my long post.

Q1: Not sure, some are some aren't. We checked my husband's visa and it didn't have that checked and he met none of the conditions for the 2 year.

Q2: You can file any time you like, even if you are out of the country. Not sure how the military side works, but regardless you can just get paperwork sent to a trusted friend or relative in teh US in case you get an RFE or whatever.

Q3: I don't think a short visit would add to the 2 years

Q4: 2 year wait applies if you have it and CR1 or DCF would probably be better options for you right now

[bigkeeser 0]

Thanks for all the replies so far. I've looked at the DCF. I'm not sure if I can meet all the criteria. As of right now, I have no idea where I will be stationed at next in the States. I won't find that out until July/August. So I don't have a home in the States, and I won't until December.

Another problem, I'm deploying in the near future, and I expect to be home around October. Getting married fast enough to apply for this DCF before December would be difficult.

"Important Note: A US Citizen living overseas that wishes to complete the I-864 Affidavit of Support for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have a US home/domicile to qualify as a Sponsor for the I-864. In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US. Per the instructions on the I-864, the US Citizen and their spouse's assets may be used to qualify if the income requiment is not met. In many cases however a couple may need to get a joint sponsor to successfully fulfill the requirements on the I-864."

I will look at what her J-1 Visa says on it in regards to the HHR. We still would rather pursue the K-1 visa. I've found the contact info for the Embassy in Frankfurt, and will find a way to ask them about the HRR. Their website mentions the possible need for a waiver for those who are former exchange visitors.

Again thanks for the answers thus far!

[Anh map 2,098]

Check into getting things expidited as you are deploying.

Also, being that you are military the domicile expectation may be different. What does your drivers license say? Parent's address?

Best of luck!

[FranziskaS 0]

I just returned from the US being an Au Pair for 18 months. On your fiancee's DS-2019 on the very bottom left of her document it will show you if she is subject to the HHR. I wasn't. If I am informed correctly, the HHR only applies if the applicant is financially supported by a German company/government, because they want the applicant to work in Germany and contribute with the knowledge they paid for.

Good luck with everything,

Fran

[bigkeeser 0]

I just returned from the US being an Au Pair for 18 months. On your fiancee's DS-2019 on the very bottom left of her document it will show you if she is subject to the HHR. I wasn't. If I am informed correctly, the HHR only applies if the applicant is financially supported by a German company/government, because they want the applicant to work in Germany and contribute with the knowledge they paid for.

Good luck with everything,

Fran

I looked at her DS-2019 and it is a replacement copy. It doesn't have anything checked at all. Her J-1 visa says she is not subject. I found another forum concerning this. The lady there had a problem saying that the check in that box didn't exactly matter. I'm not sure if my fiancee received money from her company. She was sponsored by Au Pair in America. She says she paid for all of the fees though.

http://www.visajourney.com/forums/index.ph...104391&st=0

Anyways, there is an Advisory Opinion we are going to apply for. Basically, Department of State will review her DS2019, and make a decision whether or not she applies to the HHR. We'll see what happens from there.

[Rainschild 0]

Thanks for all the replies so far. I've looked at the DCF. I'm not sure if I can meet all the criteria. As of right now, I have no idea where I will be stationed at next in the States. I won't find that out until July/August. So I don't have a home in the States, and I won't until December.

Another problem, I'm deploying in the near future, and I expect to be home around October. Getting married fast enough to apply for this DCF before December would be difficult.

"Important Note: A US Citizen living overseas that wishes to complete the I-864 Affidavit of Support for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have a US home/domicile to qualify as a Sponsor for the I-864. In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US. Per the instructions on the I-864, the US Citizen and their spouse's assets may be used to qualify if the income requiment is not met. In many cases however a couple may need to get a joint sponsor to successfully fulfill the requirements on the I-864."

I will look at what her J-1 Visa says on it in regards to the HHR. We still would rather pursue the K-1 visa. I've found the contact info for the Embassy in Frankfurt, and will find a way to ask them about the HRR. Their website mentions the possible need for a waiver for those who are former exchange visitors.

Again thanks for the answers thus far!

What about your parent's residence? You can put that as your home, since you are working overseas. Also, seeing how you might be deployed soon, you might want to look into military expedite procedure. Good luck with everything!

[Marina-Del 10]

All of us who are applying DCF have been living overseas for quite some time (otherwise we wouldn't be allowed to apply!) and most of us do not have houses back in the US. I'm sure some do, but you do not need that to prove Domicile. Do you still get mail in the US? Do you have a bank account? Have you paid taxes? All of these things work to prove domicile. Plus, you're not living in the US because the US army has stationed you overseas....I would imagine that would work in your favor as well. As someone else mentioned, if you have any address in the US (trusted friends, family) you can use their address!

And even if you decide to do K-1 then you can file now while being abroad, you do not have to wait to come home (again just use a trusted friend or family members address). Also you say that you don't know if you could get married fast enough to qualify for DCF...and I'm not sure what that means. I'm not sure how long it takes to get married in Germany, but I doubt it's that long! Even if you are relocated in October, that's 6 months from now! If you and your fiancee got married in Germany next month and then you applied for DCF (assuming you meet the residency requirements of Germany, I'm not sure how being in the army and living on the base works with that!), then she will have her visa BEFORE October most likely.

So it's up to you, do you want to wait until July/October 2010 for her to be in the US with you, or about 6 months from now?

[bigkeeser 0]

All of us who are applying DCF have been living overseas for quite some time (otherwise we wouldn't be allowed to apply!) and most of us do not have houses back in the US. I'm sure some do, but you do not need that to prove Domicile. Do you still get mail in the US? Do you have a bank account? Have you paid taxes? All of these things work to prove domicile. Plus, you're not living in the US because the US army has stationed you overseas....I would imagine that would work in your favor as well. As someone else mentioned, if you have any address in the US (trusted friends, family) you can use their address!

And even if you decide to do K-1 then you can file now while being abroad, you do not have to wait to come home (again just use a trusted friend or family members address). Also you say that you don't know if you could get married fast enough to qualify for DCF...and I'm not sure what that means. I'm not sure how long it takes to get married in Germany, but I doubt it's that long! Even if you are relocated in October, that's 6 months from now! If you and your fiancee got married in Germany next month and then you applied for DCF (assuming you meet the residency requirements of Germany, I'm not sure how being in the army and living on the base works with that!), then she will have her visa BEFORE October most likely.

So it's up to you, do you want to wait until July/October 2010 for her to be in the US with you, or about 6 months from now?

Part of the problem is that I leave for a deployment in a few weeks. I will not be back in Germany until around October. And this isn't the biggest rush in the world that some people make it out to be. She's still in college and would finish up around July 2010 anyways. Let's just say the DCF is an option that neither us want right now. October through the first week in December (when I head back to the US from Germany) is likely not enough time to get married here, and do the DCF. She doesn't want to come over right away because she wants to finish up school. I don't blame her for that either.

We've discussed all the options together. The K-1 is still the way we want to go. Right now we are just working on the Advisory Opinion for the 2 Year Residency requirement. Not that much to it and I'm ready to send it off on Monday. It will take approx. 2 months to hear back for the answer. If she does need a waiver and if we are lucky and it gets approved, that would take about another 2-3 months. It's possible that the HRR could be sorted out before I even return to Germany. I can't do much while I am away but submit the required packages and wait for answers. I have plenty of time to do that in the desert!

[rebeccajo 14]

I'd say the odds of your fiance' having a 2 year residency requirement are about 5% or less (from what you have shared with us). But getting the advisory opinion is the right way to go.

[bigkeeser 0]

I'd say the odds of your fiance' having a 2 year residency requirement are about 5% or less (from what you have shared with us). But getting the advisory opinion is the right way to go.

We are both thinking the odds are low too. Better safe than sorry and causing further problems down the road.

[Marina-Del 10]

And this isn't the biggest rush in the world that some people make it out to be.

Let's remember that for some people it is a big rush for very very good reasons. It's not that they are just making it out to be a rush for fun. You and your fiancee (it seems) have been together for most of your relationship in the same place (I may be wrong) and it sounds like you'll be back in Germany and with her soon after you leave. But for some people here, they haven't seen their fiancee's in years! I was lucky in that when I applied for the K-1 me and my fiance were living together in London and now I live in Brazil with my fiance, so I've been with my SO throughout the process...but most people are not so lucky.

They aren't crazy for making it a rush, they simply want to be with the one that they love.

[bigkeeser 0]

And this isn't the biggest rush in the world that some people make it out to be.

Let's remember that for some people it is a big rush for very very good reasons. It's not that they are just making it out to be a rush for fun. You and your fiancee (it seems) have been together for most of your relationship in the same place (I may be wrong) and it sounds like you'll be back in Germany and with her soon after you leave. But for some people here, they haven't seen their fiancee's in years! I was lucky in that when I applied for the K-1 me and my fiance were living together in London and now I live in Brazil with my fiance, so I've been with my SO throughout the process...but most people are not so lucky.

They aren't crazy for making it a rush, they simply want to be with the one that they love.

Rushing in our situation would be unnecessary and stressful. She was in the States for a year under her au pair program while I was still here in Germany. (She had it all planned out before i even met her). I did have some chances to visit her, but I know how it is being apart. And this isn't the 1st time I've been away from the States and Germany for work purposes for extended periods. I think sitting down and knowing what you are getting yourself into is just as important as completing the process without wasting time. That's why I'm asking all my questions before I leave on this deployment. If your expectations are 6 months and the process takes a year or longer, problems certainly arise.

I've seen a guy get mad (wanna hurt somebody mad!) in Iraq because he expected to return home on a certain date. I asked him how much longer he would be there and he told me 2 days. He just didn't prepare himself for that ahead of time.