K-1 or K-3?

[jsmn 5]

Hi! I'm from the Philippines engaged to a US citizen. I'm a J-1 visa holder with a 2-yr rule. Me and my fiance are wondering what's best to do in our situation. A lot of people are saying that it's faster to process a K-1 visa than a K-3 but one of the only ways to waive the 2-yr rule is through marriage. I just want to be back with my fiance as soon as possible. Can you please help us on what's best to do? Thank you!

[Anh map 2,098]

Marriage does not waive the 2 year requirement. You need permission from the agency that facilitated the visa.

[Jojo92122 1,925]

Ditto on what Anh Map said. Marriage does not waive the 2 years home rule. It is necessary to apply for a waiver. If you can't get your home country to waive the 2 years rule, then it's possible to waive it if you can show an extreme hardship to a US citizen or LPR spouse. Marriage and merely missing each other if the 2 years rule is applied is not sufficient for the waiver. There must be an extreme hardship to the US citizen (or LPR) spouse.

http://travel.state.gov/visa/temp/info/info_1288.html

If you can get your government to issue a "no objection" to your waiver, then you are golden and can pursue immigrating to the US based on your fiancee/husband.

If you plan to base the waiver on an extreme hardship to a US citizen (or LPR) spouse, you must be married. This means you cannot use the K-1 route to come to the US. You must be married and pursue either the K-3 or CR-1 routes. The K-3 route is obsolete because it requires the K-3 visa holder to adjust in the US and it is not any quicker than the CR-1/IR-1 route.

Edited August 30, 2011 by Jojo92122