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Karen and Patrick

Help J1 visa 2 year rule

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Hello,

If anyone can help please...

Can I apply for my fiancee for a K1 visa, i.e. get the ball rolling, during the time she is still "serving" her 2 year home residency requirement from her J1 visa. If I think the 2 years will be up aound the time her interview would happen (in China) can I plan this way? Or must I wait until until the entire 2 years are up before beginning the K1 process.

Please help me.

-Patrick from Massachusetts

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Have you considered the J1 waiver?

http://travel.state.gov/visa/temp/info/info_1296.html

Where is your fiancée now?

If the waiver is approved you might be able to adjust without her ever returning to China and doing a long wait K1.

I assume she came in according to the terms of her J1.

Edited by Satellite

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Hello,

If anyone can help please...

Can I apply for my fiancee for a K1 visa, i.e. get the ball rolling, during the time she is still "serving" her 2 year home residency requirement from her J1 visa. If I think the 2 years will be up aound the time her interview would happen (in China) can I plan this way? Or must I wait until until the entire 2 years are up before beginning the K1 process.

Please help me.

-Patrick from Massachusetts

You may file your petitioin I-129f during the 2 year period. Many people do time it so that the visa interview is right after the 2-year HRR is up.

In dealing with China, it's not a bad tactic, since cases there can take so long anyway.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Hello,

If anyone can help please...

Can I apply for my fiancee for a K1 visa, i.e. get the ball rolling, during the time she is still "serving" her 2 year home residency requirement from her J1 visa. If I think the 2 years will be up aound the time her interview would happen (in China) can I plan this way? Or must I wait until until the entire 2 years are up before beginning the K1 process.

Please help me.

-Patrick from Massachusetts

You may file your petitioin I-129f during the 2 year period. Many people do time it so that the visa interview is right after the 2-year HRR is up.

In dealing with China, it's not a bad tactic, since cases there can take so long anyway.

I filed a Cr-1 (not k-1) on behalf of my wife who is serving her j-1 2 year HRR, a few months ago. It was approved, and is on the way to the NVC. She is still serving her time, and I was trying to 'time" it, much in the same way that you are asking.

So, you can, as the response above mine reiterates, file ahead of time.

That does not , obviously , mean you will actually get a visa before that time has been served. But it can be filed ahead, as you asked.


April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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