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Ayane

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

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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. :(

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Filed: Timeline

I am really in need of some answers here. :( If I wait until they ask me about funding later in the K-1 prozess, will there still be enough time to apply for a Waiver? Or will the K-1 just be denied? Can I put the K-1 "on ice" (pause it) to apply for a Waiver?

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