K-1 visa 2 year home stay

[Can't wait 0]

Hi,

My fiance was a student in the US as of June, but now she is back in China doing her internship. I was ready to file for her k-1 application, but I noticed on her passport that she was subject to the 2 year home rule.

I am wondering if I can still petition for her to come to the country, and she work on getting the waiver before her visa interview. If I am able to do it this way knowing how to get the waiver would also come in handy. Her no longer being in the country seems to make it a little more difficult, and I am not exactly sure what steps to take.

I would also like to know if anyone else has gone through the waiver process, and might be able to give some insight on how to progress.

Thank you for your help, as always any advice is appreciated.

Jacob Rutledge

[Ryan H 3,812]

This State Department link deals with J Visa waivers.

I also copied this verbatim from the State Department website:

Change of Status and Waivers of Requirement - If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, he or she cannot change his/her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers may be requested and if approved, obtained under these five separate bases:

* No Objection Statement;

* Exceptional Hardship;

* Persecution;

* Conrad Program, or

* Interested Government Agency

I don't know if the USCIS would approve your I-129F without a waiver first or not. My hunch is that they would not, however, a hunch is just a hunch; take it for what it's worth.

The best suggestion I can give you is to brows the link I posted above and look into the waiver process right away. Good luck!

[Can't wait 0]

Thank you for getting back to me so quickly. I will take a look into the website you linked, and try and find some more information. I am really hoping this won't take as long as the Chinese government makes it sound. According to them it will be 6-8 months for them to approve the no objection statement...

Well, thank you again, and have a nice evening.

Jacob