J1 waiver during K1

[mtr 0]

Hi all. My fiancee and I received the NOA1 in mid-April. We met when she was in the US as an au pair on a J1 visa. She left the US in May 2012 and now we just found out about the 2-year home residency requirement for the J1 visa. I've learned you can get a J1 waiver so you don't have to worry about the 2-year requirement (i.e. so she can come to the US on the K1 before the 2-years is up). I think we would obtain the 'No Objection' statement and sent in the other required documents. Is anyone familiar with this process? The website says to get the statement from the embassy in Washington DC but I'm not sure how to go about this. I've emailed the embassy but haven't heard back yet.

http://travel.state.gov/visa/temp/info/info_5503.html#nobjection

My other concern now is that if we cannot get a waiver (meaning she cannot come to the US until May 2014), and we do get the K1 visa. If we get the K1 approved with more than 6 months until May 2014 (which seems likely), it will expire. What do we do then? Any help would be greatly appreciated.

Thanks!

[perfect 39]

My understanding is (and i've been researching this for Brazil for my son as his fiancee is subject to the 2-year rule) - the way you have stated applies if your fiancee is still in the US. Otherwise she would need to apply to the Brazil Embassy in-country http://brazil.usembassy.gov/immigrant-visas/after-the-visa-interview/waiver-procedures/waiver-for-ineligibility-of-section-212-e/no-objection-letter.html and follow this procedure.

It's all about timing. If you are denied the waiver and she is still within the 2 year requirement time period, she will not be given a K1 visa. She has to have that waiver if she wants to leave within the 2 year period (If she can't get the no-objeection letter she is allowed to apply under one of the other criteria if she qualifies.

[kyaleja 0]

2 yr only applies to Au pairs who were here on a government funded program or received graduate level education or the Au pair has specialized knowledge under the exchange visitor skills list

http://travel.state.gov/visa/temp/types/types_1267.html#twoyear

under

Two-year Home-Country Physical Presence Requirement

and

http://travel.state.gov/visa/temp/types/types_4793.html?country=42

Edited June 20, 2013 by kyw

[mtr 0]

Thanks for the help!

2-yr rule doesn't apply to her!

[Cesi 5]

I overstayed in 2008, (for a month) I don't know if this is different but they gave me a "punishment" or banner , not sure how you say that, anyway my "punishment" was over this past March, I asked our lawyer and she said it's not a problem and that I didn't need a waiver cause the 5 yrs had already passed, do you all know something about this? We're waiting for our NOA2, I hope everything goes well!

[Cesi 5]

I have been reading about this and I also spoke to our lawyer about it ( my case is a little different) anyway she said that they will let us know in the K1 interview but I also read that you can apply for the waiver before the interview, so I guess and I hope she can be in the USA before 2014 ( prayers and blessings to both of you).

This is my case:

I overstayed in 2008, (for a month) I don't know if this is different but they gave me a "punishment" or banner , not sure how you say that, anyway my "punishment" was over this past March, I asked our lawyer and she said it's not a problem and that I didn't need a waiver cause the 5 yrs had already passed, she said that if my I had my interview before March ( which it didn't happen, since we applied in January) that then I did had to apply for a waiver, so I guess a waiver will do for your fiancee, GOOD LUCK!!! We're waiting for our NOA2, I hope everything goes well good luck to all of us!

[Cesi 5]

I have been reading about this and I also spoke to our lawyer about it ( my case is a little different) anyway she said that they will let us know in the K1 interview but I also read that you can apply for the waiver before the interview, so I guess and I hope she can be in the USA before 2014 ( prayers and blessings to both of you).

This is my case:

I overstayed in 2008, (for a month) I don't know if this is different but they gave me a "punishment" or banner , not sure how you say that, anyway my "punishment" was over this past March, I asked our lawyer and she said it's not a problem and that I didn't need a waiver cause the 5 yrs had already passed, she said that if my I had my interview before March ( which it didn't happen, since we applied in January) that then I did had to apply for a waiver, so I guess a waiver will do for your fiancee, GOOD LUCK!!! We're waiting for our NOA2, I hope everything goes well good luck to all of us!