K-1 and J-1

[ladywhite 0]

Hi there,

First of all, my case may be uncommon to you guys, but I hope some of you can help me.

I lived in the US for 8 years to finish my degrees on a J-1 visa or the Exchange Visitor Visa. the thing with this type of visa is that, once I am through with school, I am required to return to my home country (or a 2 year Home Resident Requirement --HRR) and to physically be present there for 2 years. During this 2 year HRR, I am not eligible to apply for any type of US visa.

I am now doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

[payxibka 10,048]

Hi there,

First of all, my case may be uncommon to you guys, but I hope some of you can help me.

I lived in the US for 8 years to finish my degrees on a J-1 visa or the Exchange Visitor Visa. the thing with this type of visa is that, once I am through with school, I am required to return to my home country (or a 2 year Home Resident Requirement --HRR) and to physically be present there for 2 years. During this 2 year HRR, I am not eligible to apply for any type of US visa.

I am now doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

If I am not mistaken when your petition file arrives at the embassy then next step is what is usually referred to as packet 3. P3 requires you to fill out and return form DS 156 as well as other items. DS 156 is the application for a non-immigrant visa. So if you are correct you cannot submit your DS 156 until Sep 1 2007

[meauxna 15]

Do some searching and reading here, the topic has come up before and some previous Js have detailed information.

I believe you can start the petition and you can of course get your documents ready. The idea is to be set to interview on the day your @ year HRR clears!

[payxibka 10,048]

Do some searching and reading here, the topic has come up before and some previous Js have detailed information.

I believe you can start the petition and you can of course get your documents ready. The idea is to be set to interview on the day your @ year HRR clears!

It makes more sense that it would be visa approval versus visa application but......

[William33 110]

fwayguy,

The approval date is key here. Gaining the actual approval, in alignment with the "target date", would satisfy the "home rule" requirement. Clearly, one would want to guarantee that these dates would align properly. This is the difficult part. An intentional, yet brief delay, may be in order.

Do some searching and reading here, the topic has come up before and some previous Js have detailed information.

I believe you can start the petition and you can of course get your documents ready. The idea is to be set to interview on the day your @ year HRR clears!

It makes more sense that it would be visa approval versus visa application but......

[Yodrak 7]

ladywhite,

Yours is one of those situations where careful attention to the wording is more than a question of semantics, it's critical. You can't apply for a visa until the 2 years are up or a visa can't be issued until the 2 years are up?

Yodrak

Hi there,

First of all, my case may be uncommon to you guys, but I hope some of you can help me.

I lived in the US for 8 years to finish my degrees on a J-1 visa or the Exchange Visitor Visa. the thing with this type of visa is that, once I am through with school, I am required to return to my home country (or a 2 year Home Resident Requirement --HRR) and to physically be present there for 2 years. During this 2 year HRR, I am not eligible to apply for any type of US visa.

I am now doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

[William33 110]

Yodrak,

Ah, the lack of clarity in US Government policy. Would it not seem logical, that one can apply, prior to the 2 year requirement? Surmising of course, that Visa issuance would not occur before the actual target date of authorized US entry? Even with my extensive USG experience, this is yet another of many quandaries involving our Government. Thoughts?

ladywhite,

Yours is one of those situations where careful attention to the wording is more than a question of semantics, it's critical. You can't apply for a visa until the 2 years are up or a visa can't be issued until the 2 years are up?

Yodrak

[Alex+R 0]

We had this situation before. My congressman's immigration liason told us that my boyf wasn't eligible to apply for a K1 until his 2 years were up. Not to receive the visa. We ended up having him stay there and doing the K1 instead though, so I can't give you any conclusive answer.

[NEDO2 0]

Hi there,

First of all, my case may be uncommon to you guys, but I hope some of you can help me.

I lived in the US for 8 years to finish my degrees on a J-1 visa or the Exchange Visitor Visa. the thing with this type of visa is that, once I am through with school, I am required to return to my home country (or a 2 year Home Resident Requirement --HRR) and to physically be present there for 2 years. During this 2 year HRR, I am not eligible to apply for any type of US visa.

I am now doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

You can apply for the k1 during the last year of the "two year rule" but it will just postpone the "results". I was subject to the foreign residency requirement which was to end, back then, 7 month later. During those 7 months, we got our petition approved in 28 days but the K1 visa appointment was on the same day I was done with the rule(the consular officers selected that day on purpose as they knew that I would be eligible to receive the visa). So it means that I could have got the visa 5 months earlier but I wasn't eligible! I don't know if it was necessary or not but we included every possible info about the 2 year rule(Certificate of eligibility, Record of Departure from the US) in our application for the petition.

[ladywhite 0]

ladywhite,

Yours is one of those situations where careful attention to the wording is more than a question of semantics, it's critical. You can't apply for a visa until the 2 years are up or a visa can't be issued until the 2 years are up?

Yodrak

Khun Yodrak:

The point you have made is what I am not clear about. I looked but couldn't find anything that was clear cut about this. If i still were in the US now and having a j-1, I would not be eligible for "change of status."

From one of the posters below, it seems like a visa can't be issued until the 2 years are up. If that is the case, I would be relieved knowing that we can go ahead and wait to set an interview after my 2 year HHR is over.

Thank you very much.

Ladywhite

[ladywhite 0]

Hi there,

First of all, my case may be uncommon to you guys, but I hope some of you can help me.

I lived in the US for 8 years to finish my degrees on a J-1 visa or the Exchange Visitor Visa. the thing with this type of visa is that, once I am through with school, I am required to return to my home country (or a 2 year Home Resident Requirement --HRR) and to physically be present there for 2 years. During this 2 year HRR, I am not eligible to apply for any type of US visa.

I am now doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

You can apply for the k1 during the last year of the "two year rule" but it will just postpone the "results". I was subject to the foreign residency requirement which was to end, back then, 7 month later. During those 7 months, we got our petition approved in 28 days but the K1 visa appointment was on the same day I was done with the rule(the consular officers selected that day on purpose as they knew that I would be eligible to receive the visa). So it means that I could have got the visa 5 months earlier but I wasn't eligible! I don't know if it was necessary or not but we included every possible info about the 2 year rule(Certificate of eligibility, Record of Departure from the US) in our application for the petition.

To all,

I appreciate your time and help here. This is such a wonderful, supportive community.

NEDO2:

Thank you for your help.

From what I heard, once the case is approved and a case number is assigned, the case will be valid for 4 months. Is that correct? If so, it means that I have 4 months for waiting on the package 3, prepare all required document, submit an application, and set up an interview date. What if my case happened to be approved unusaully fast and I got package 3 too soon and it would be like 5 months until my 2 year HRR is over? Would I be able to wait that long? my case would become invalid and we would have to start the process all over again. Do i understand this correctly?

Again, thank you for all of responses here. it's been wonderful being a part of VJ. My fiance and I will need your help again for sure as we start the process.

Good luck and God bless and help everyone to get your loved one back in your arms soon.

Ladywhite

[NEDO2 0]

Hi there,

First of all, my case may be uncommon to you guys, but I hope some of you can help me.

I lived in the US for 8 years to finish my degrees on a J-1 visa or the Exchange Visitor Visa. the thing with this type of visa is that, once I am through with school, I am required to return to my home country (or a 2 year Home Resident Requirement --HRR) and to physically be present there for 2 years. During this 2 year HRR, I am not eligible to apply for any type of US visa.

I am now doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

You can apply for the k1 during the last year of the "two year rule" but it will just postpone the "results". I was subject to the foreign residency requirement which was to end, back then, 7 month later. During those 7 months, we got our petition approved in 28 days but the K1 visa appointment was on the same day I was done with the rule(the consular officers selected that day on purpose as they knew that I would be eligible to receive the visa). So it means that I could have got the visa 5 months earlier but I wasn't eligible! I don't know if it was necessary or not but we included every possible info about the 2 year rule(Certificate of eligibility, Record of Departure from the US) in our application for the petition.

To all,

I appreciate your time and help here. This is such a wonderful, supportive community.

NEDO2:

Thank you for your help.

From what I heard, once the case is approved and a case number is assigned, the case will be valid for 4 months. Is that correct? If so, it means that I have 4 months for waiting on the package 3, prepare all required document, submit an application, and set up an interview date. What if my case happened to be approved unusaully fast and I got package 3 too soon and it would be like 5 months until my 2 year HRR is over? Would I be able to wait that long? my case would become invalid and we would have to start the process all over again. Do i understand this correctly?

Again, thank you for all of responses here. it's been wonderful being a part of VJ. My fiance and I will need your help again for sure as we start the process.

Good luck and God bless and help everyone to get your loved one back in your arms soon.

Ladywhite

The validity of the petition should be extended by the consulate! They did that for me! For some consulates, you can be required to ask personally an extension but it should be automatic! Anyway, you can go ahead with your application but you won't have your interview before the 2 years is over...That 's from my own experience!

Good luck!

[Yodrak 7]

ladywhite,

My understanding is that NEDO's experience was as it should be and that Alex+R's congressman's immigration liaison is incorrect. The application can be made prior to the end of the 2-year 'stay-at-home', but the visa cannot be issued until the end of the 2-year period.

Yodrak

ladywhite,

Yours is one of those situations where careful attention to the wording is more than a question of semantics, it's critical. You can't apply for a visa until the 2 years are up or a visa can't be issued until the 2 years are up?

Yodrak

Khun Yodrak:

The point you have made is what I am not clear about. I looked but couldn't find anything that was clear cut about this. If i still were in the US now and having a j-1, I would not be eligible for "change of status."

From one of the posters below, it seems like a visa can't be issued until the 2 years are up. If that is the case, I would be relieved knowing that we can go ahead and wait to set an interview after my 2 year HHR is over.

Thank you very much.

Ladywhite