had J1 visa now applying for K1 visa

[averyandmikhael 0]

Hi everyone!

I was in the US from September 2009-September 2010. I had a 2 year rule where in i cannot go back in the US for 2 years because of my J1 visa, but I never received any government funding whatsoever. I already filed for a waiver over a year ago but still no luck. I haven't received any letter yet My fiancée just received the NOA1. My problem is if I don't have the waiver till my interview will that be a problem?

[xiaozhu 4]

If you do not have a waiver till your interview, then J1 two-year home stay will be checked at your interview.

Two options if your interview date is set before you complete your J1 stay.

One: Contact US Consulate in your country to reschedule your interview.

Another one: go for the scheduled interview, the consulate will hold issuing a visa to you and give you a blue slip. When you finish J1 stay, and then submit the evidences (a copy of your passport and entry/exit stamps on your passport) to the consulate. They will call you in to get K1 visa if everyhting is OK in their view.

[xiaozhu 4]

Another option might be to slow down your K1 process by slowing down documents submission to NVC and US consulate. You have about 16 months till you complete J1 stay while K1 usually takes 6-8 months.

J1 home-stay rule is not relevant with where your funding came from.

Edited April 27, 2011 by xiaozhu

[mrs. carey 4]

Yup! It will be a problem. They checked my previous J1 visa when I had my interview last Monday. I didn't know that waiving the 2 year homestay rule takes a long time. Have you tried calling them to ask for an update?