I really need your help guyz!

[cobra661266 1]

Hi! on my ds160, #5 they asked me if im a j1 holder before, yes i am and i haven't fulfilled 2 years here because it states in my ds2019 and j1 visa that i am not subject to it. But it seems that I need to get waiver still?

Can someone help me and explain this? pls! im going to have my interview soon! im really nervous right now.... don't know what to do! Am i ineligible for k1?

[clairegie 265]

I've done some reading on this and this is what I got:

That only a preliminary finding of whether the 2 year rule applies to you is made on your DS2019 when your J1 visa is issued. The final decision is made only when/if you choose to apply for an H-1, L-1, K-1 or immigrant visa. Whether you are subject to the rule is determined by a number of factors, including your source of funding and your country's skill list.

The Department of State's Visa Office adjudicates the 2 year rule waivers. They also have final authority on whether you are subject to the 2 year rule, regardless if it was annotated on your passport or not.

You have the option of getting an "advisory opinion" which takes 4 to 6 weeks. You write a letter to DOS inquiring if the 2 year rule applies to you. If they say it applies to you, then you apply for a waiver. You can find the information here:

http://travel.state.gov/visa/temp/info/info_5502.html

http://travel.state.gov/visa/temp/info/info_1288.html

Edited December 9, 2013 by iammrsregi