Jump to content
Ayane

J-1 -> K-1 - 2 year rule???

 Share

3 posts in this topic

Recommended Posts

Filed: Timeline

Hello,

I also posted this in one of the other forums, but since there's also a specific K-1 question in it, I thought I could post it here as well...

I was in the US from April 2011 until February 2012 on a J-1 visa. When I applied for the visa I only had personal fundings available. So on my DS-2019 I have only personal fundings mentioned, and because of that it says that the 2-year-rule does not apply. Right before I left for the US, and then again after half a year, I got granted two different stipends/scholarships fron a German international organization that get's money from the government. Was I maybe supposed to have my DS-2019 changed because of that? It never occured to me...

Anyways, my fiance and I applied for a K-1 visa two month ago. Now somebody told me that later in the process USCIS will ask again who funded my J-1 stay. Is that true? Well, I am not going to lie about it. Which means that I would fall under the 2-year-rule after all, right? And my visa would be denied...

I don't know how to find out whether the 2-year-rule applies or not. Should I request an Advisory Opinion? But if they only look at my DS they will see "personal funding" and say that it does not apply. So I would have to send them a letter explaining that I got money from an organization after all, and then they would change it and put me under that rule. But if I don't do it now, they will find out later, right? So I guess there's no way around it but to tell them the truth - better sooner than later.

Does the Advisory Opinion cost money? I couldn't find anything on the webpage. I know the waiver costs more than $200...

Also, I am worried that if I apply for a waiver (no objection) that it will not be granted and my whole plan to move to my fiance/husband by the end of the year will fail. :(

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...