Filing for a K-1 Visa while waiting for a J-1 Visa Waiver to be processed

[JCraig 0]

I am hoping to begin the K-1 Visa process for my fiance and I while she is in Germany completing her University program, but we are still waiting on a waiver for her J-1 two-year home stay requirement. We have filed all the necessary paperwork for the waiver using a no objection statement from the German government and are confident that she will receive the waiver, but this could take 6-8 weeks to receive. We would like for her to receive the K-1 Visa as soon as possible, so the earlier we file the better. My question is, are you able to file for the K-1 Visa without a J-1 Visa waiver in hand, but confident you will receive it within 2 months? My understanding is that the J-1 Two-year home stay requirement only prevents a foreigner from receiving an immigrant visa. Since the K-1 Visa is a non-immigrant visa, will the need for the waiver only occur when she goes to adjust her status after she has arrived in the U.S.?