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casa_blanca

Currently on J-1 2 YHRR, should I get married to my fiance in home country or US?

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Hi everyone! I have been looking through different topics here, but I could not find a similar to my story. I would really appreciate your help and any advice, based on your own or your friends' experience. So here is my story...

I went to the US on exchange program sponsored by the US government having J-1 visa, where I met my fiance. After my program I came back to my home country to start my 2 Year Home Residency Requirement (YHRR). Now it has been 10 months, and we are looking for ways to be together as soon as possible. I started searching for Master's programs and scholarships, which will put me on F-1 student visa. So here is my question!

Should we find a way to get me to the US and get married there, and start changing my status. BUT, my J-1 2 YHRR will not be completed yet, which means I will not be able to change my status... or am I wrong??

Second way is to get married in my home country, and while staying my second year of HRR we should start working on my immigrant visa. Here I also have a question - can I start the process of getting my immigrant visa while being on that requirement?

Any other advice or an option in this situation will be welcomed!! Thank you so much for your assistance beforehand!

p.s.if you need me to specify something, go ahead and ask me a question!

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If you have a 2 year HRR then you won't be granted an F-1 because you have to remain in your home country for 2 years

I suggest you get married in your home country and begin the steps for a Cr-1 visa, when did you return to your home county?

Good luck


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If you have a 2 year HRR then you won't be granted an F-1 because you have to remain in your home country for 2 years

I suggest you get married in your home country and begin the steps for a Cr-1 visa, when did you return to your home county?

Good luck

I returned to my home country in May 2010, so right now it's my 10th month here. And I am eligible for F-1 student visa, i checked that for sure!

"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." - it does not say anything about F-1 visa...

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Just because it doesn't say doesn't mean it doesn't apply. For clarification, maybe call the consulate.

However, DO NOT use an F-1 visa to immigrate to the US. This is illegal and can result in a lifetime ban from the US

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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I was also on a J-1 because of U.S. government funding and was then able to apply for an F-1 to pursue a masters. However, that doesn't seem to help your situation since you would still have to go back to Ukraine and fulfill the other 14 months of your requirement after you succeed the F-1. Also keep in mind that you can't apply for immigrant status while you are on F-1. So if you proceed towards applying for permanent residency then USCIS will cancel your F-1.

The only way to get around the requirement is to apply for a waiver by claiming exceptional hardship towards your U.S. citizen spouse. It's generally costly and time consuming. It can take 2 months to prepare the application and at least another 4 before you get the decision. I am in the process of doing that right now because I'm working in the U.S. and financially supporting my wife who is in school, and her parents who have very low income and medical problems.

If I was in your position I would begin gathering the materials for the immigrant status. You'll need things like utility bills and photos to show you were present in your home country for two years. When you have almost fulfilled the requirement you can begin the application as long as you claim that you want your immigrant status to start after the requirement is fulfilled. The marriage is not a rush as you can do after you come to the U.S. on a fiance visa. The only effect it has is that 2 years after your marriage you can apply for a green. If you are in a rush to apply for a green card you could get married right now and that would cut about a year off your timeline. Whether you get married doesn't matter, but if you do it your home country then there will be more paperwork involved to register it in the U.S.

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I was also on a J-1 because of U.S. government funding and was then able to apply for an F-1 to pursue a masters. However, that doesn't seem to help your situation since you would still have to go back to Ukraine and fulfill the other 14 months of your requirement after you succeed the F-1. Also keep in mind that you can't apply for immigrant status while you are on F-1. So if you proceed towards applying for permanent residency then USCIS will cancel your F-1.

The only way to get around the requirement is to apply for a waiver by claiming exceptional hardship towards your U.S. citizen spouse. It's generally costly and time consuming. It can take 2 months to prepare the application and at least another 4 before you get the decision. I am in the process of doing that right now because I'm working in the U.S. and financially supporting my wife who is in school, and her parents who have very low income and medical problems.

If I was in your position I would begin gathering the materials for the immigrant status. You'll need things like utility bills and photos to show you were present in your home country for two years. When you have almost fulfilled the requirement you can begin the application as long as you claim that you want your immigrant status to start after the requirement is fulfilled. The marriage is not a rush as you can do after you come to the U.S. on a fiance visa. The only effect it has is that 2 years after your marriage you can apply for a green. If you are in a rush to apply for a green card you could get married right now and that would cut about a year off your timeline. Whether you get married doesn't matter, but if you do it your home country then there will be more paperwork involved to register it in the U.S.

Thanks a lot for your reply! As I understood I can easily marry my fiance here in Ukraine, and apply for CR-1 around 8-9 months before my 2 YHRR is up. Am I right? If not, please correct me!

I was afraid I can't even apply for immigrant visa while im on my requirement...

Now it seems clearer for me!

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You can marry in the Ukraine and your husband can petition for the CR-1 visa before your 2 year HHR is up, however the visa will not be issued until the HHR has been met - you can delay the application/interview to ensure it is after the 2 year mark

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


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Share on other sites

You can marry in the Ukraine and your husband can petition for the CR-1 visa before your 2 year HHR is up, however the visa will not be issued until the HHR has been met - you can delay the application/interview to ensure it is after the 2 year mark

Good luck

Correct. No matter what else you do, F1 or otherwise, you still need to comply with the two year home stay requirement.


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