K-1 Visa Road Block (China)

[Can't wait 0]

Hi everyone,

I am new to the visajourney website, and I have noticed many of you are willing to help and give advice to people going through the visa application process. I am the petitioner for my fiance, and I am between a rock and a hard place now.

I was finishing the compilation of the packet to send to the USCIS, and I looked through her visa information and noticed on her j-1 visa to the USA that she is subject to the 2 year home rule. I am very unsure how I can go about getting around this 2 year home rule, seeing as she left here in June of 2010.

I do not want to be apart for 2 years, but it would seem I may not have much of a choice in the matter. I have read about the possibility of a waiver, but it is very unlikely for her country to allow her to leave. She is already having difficulty gathering some documents, because I am a US citizen. It would appear the Chinese government does not like the idea of her leaving the country.

I am sorry if this has already been addressed in another topic, but I am just looking for some advice on how I can go about solving this.

I assume it isn't worth filing the petition until I figure this out, but if it is something I should still do please let me know.

Thank you for your time and help. Any advice is better than where I am now.

Jacob

[Tahoma 2,292]

Maybe you should post your question in the China forum. They are a very experienced and helpful group of people when it comes to all things China.

[sachinky 465]

I'm not too well-versed with all things J-1, so do take this with a grain of salt.

--You will require a waiver to waive the 2 year home-residency requirement.

Is she still in the US? If so, she can go to the Chinese embassy in the US and ask for a No Objection Certificate--I think that's what it's called.

If she has returned to China, she will have to go about it from there.

No real point in filing for the K-1 unless she has the waiver -- otherwise, her visa will simply be denied.

(Maybe someone else can clarify if the waiver can be submitted at that point -- the visa denial?)