J1 with 2 year home country visit requirement

[lizibeth 0]

So, i've been here for 4 months with my J1 visa not expiring till Jan 2013 but engaged to my boyfriend (US citizen) to be married in October. Visa says '2 year rule does apply'. Does this mean after we get married i'll have to be separated from him for 2 years?

Edited June 11, 2012 by lizibeth

[Gosia & Tito 199]

So, i've been here for 4 months with my J1 visa not expiring till Jan 2013 but engaged to my boyfriend (US citizen) to be married in October. Visa says '2 year rule does apply'. Does this mean after we get married i'll have to be separated from him for 2 years?

For most J1s, you would need the entity in your country who sponsored the visa to release you from the 2 year commitment, otherwise yes, you have a commitment to return to your country and be outside the US for 2 years.

[Inky 1,110]

Not a k-1 process or procedure. Moving to work visas section.

[JohnR! 5,495]

1339434451[/url]' post='5437777']

So, i've been here for 4 months with my J1 visa not expiring till Jan 2013 but engaged to my boyfriend (US citizen) to be married in October. Visa says '2 year rule does apply'. Does this mean after we get married i'll have to be separated from him for 2 years?

As far as the US is concerned, once you're married, all bets are off and you need not observe the two-year rule. You may have to check with your home country though, to make sure that they hold no objections either.

[lizibeth 0]

For most J1s, you would need the entity in your country who sponsored the visa to release you from the 2 year commitment, otherwise yes, you have a commitment to return to your country and be outside the US for 2 years.

I see, so there is a way to be released though?

[lizibeth 0]

As far as the US is concerned, once you're married, all bets are off and you need not observe the two-year rule. You may have to check with your home country though, to make sure that they hold no objections either.

I am currently in DC, there is an embassy here so im guessing i'll have to check with them... I really do hope its not a mandatory case where i'll have to be away from my husband for 2 years, that would suck big time! Also, after my visa expires next year will i be able to work?

[Inky 1,110]

As far as the US is concerned, once you're married, all bets are off and you need not observe the two-year rule. You may have to check with your home country though, to make sure that they hold no objections either.

WOW! Please watch your advice. This is completely incorrect

Marriage has NOTHING to do with ending this 2 year home residence rule!!!

[JohnR! 5,495]

1339435583[/url]' post='5437815']

I see, so there is a way to be released though?

Chances are that if your home country is sponsoring you in any way shape or form, the terms of your return should be outlined in the contract you signed in order to get the funds to come to the US and study.

[immig? 2]

So, i've been here for 4 months with my J1 visa not expiring till Jan 2013 but engaged to my boyfriend (US citizen) to be married in October. Visa says '2 year rule does apply'. Does this mean after we get married i'll have to be separated from him for 2 years?

There is a J1 waiver for the 2 year home residency requirement. You can start that process now. The best way to find that info is through your consulate. I am sure they will help you. It takes time and a lot of paper work to get this done but you can do this on your own. When your get your waiver, you don't need to worry about returning to your home country.

If you don't have a waiver, your visa application will be denied if he is going to petition for you.J1 waiver is one of the requirements when you file the petition. Goodluck.

Edited June 11, 2012 by immig?

[lizibeth 0]

Inky, seems like you know. Congrats on your happy marriage too by the way. Would you care to give me some insight as to this entire process?

[JohnR! 5,495]

1339435910[/url]' post='5437833']

WOW! Please watch your advice. This is completely incorrect

Marriage has NOTHING to do with ending this 2 year home residence rule!!!

Marriage constitutes enough to provide for a hardship, which in conjunction with a 'No Objection Statement' from the home country are the basis for a waiver to the two-year rule.

The US will not deny a waiver to a spouse of a US citizen if the home country issues a NOS.

[Inky 1,110]

Marriage constitutes enough to provide for a hardship, which in conjunction with a 'No Objection Statement' from the home country are the basis for a waiver to the two-year rule.

The US will not deny a waiver to a spouse of a US citizen if the home country issues a NOS.

The US has denied wavers before even for people married to US citizens. There is no 100% promise that they will be approved for a waver. Also your comment above should contain the information for the fact that the OP must file a waiver to remove the 2 year requirement. You cannot just say that getting married removes the rules because people will go ahead and file AOS and be denied because of a 2 year residency requirement. Full information on the issue is better than part information which sounds incorrect when you say it.

[JohnR! 5,495]

1339436683[/url]' post='5437858']

The US has denied wavers before even for people married to US citizens. There is no 100% promise that they will be approved for a waver. Also your comment above should contain the information for the fact that the OP must file a waiver to remove the 2 year requirement. You cannot just say that getting married removes the rules because people will go ahead and file AOS and be denied because of a 2 year residency requirement. Full information on the issue is better than part information which sounds incorrect when you say it.

I now understand what you're saying. I was under the impression the OP already had the details.

[lizibeth 0]

Thank you guys for clarifying. I will continue my research.

[lizibeth 0]

There is a J1 waiver for the 2 year home residency requirement. You can start that process now. The best way to find that info is through your consulate. I am sure they will help you. It takes time and a lot of paper work to get this done but you can do this on your own. When your get your waiver, you don't need to worry about returning to your home country.

If you don't have a waiver, your visa application will be denied if he is going to petition for you.J1 waiver is one of the requirements when you file the petition. Goodluck.

So i can begin this process before marriage? Is that what you're saying? Thanks for your input.