Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?

[Marshall15 4]

Just wondering if someone can help and advise on this:

I left the USA to come back to the UK in October 2012 after completing an 18 month internship on a J1 visa.

During that time I met my wonderful Fiancee and we are now applying for the K-1 visa.

We're upto the point where all paperwork and been accepted and sent to the UK so I am completing my DS-160 application.

I have just come across this; Are you a former exchange visitor (J) who has not yet fulfilled the two-year foreign residence requirement?

As you can see, I have not been back in the UK for 2 years since completing my J1 visa.

I'm now panicking that we won't be allowed to obtain a K-1 visa now.

Has anyone ever gone through the same thing so quickly after returning, or have any knowledge on the subject?

Many Thanks!

[Hypnos 6,576]

Correct. You won't be able to have a K-1 visa issued to you until you have either (i) been in the UK for two years (and it must be the UK, not any other country), or (ii) obtained a waiver of that requirement, if your J-1 is subject to the two year home residency requirement.

If you're unsure as to whether your J-1 was subject to the HRR, it should be stated on both the J-1 visa in your passport and your DS-2019.

Edited April 28, 2014 by Hypnos

[Marshall15 4]

Are you definitely sure about this?
From what I'm reading it is only for work visas?

Surely we wouldn't have just had it accepted if they were going to refuse it later down the line?

I met her 3 months into my 18 month visa, so it's not just a summer romance.

What exactly am I looking for in regards to this HRR you mentioned?

[mirian&john 1]

Read the back of your DS2019. It clearly says that even if you marry a US citizen, you still need to fill the 2 years requirement. If you have been in UK (only in UK) since Oct 2012, you will be elegible to apply for permanent residency in USA only in Oct 2014. You can always try a waiver, but it would take several months, and you would probably have a answer close to Oct anyway.

I was under the same rule) and I needed to stay in my home country for 2 years to then apply for my green card. I completely understand how frustrating it is. You can always come to US as a visitor, though.

Good luck

[Hypnos 6,576]

Your J-1 visa should say on it "BEARER IS / IS NOT SUBJECT TO 212(E) HOME RESIDENCY REQUIREMENT". Additionally, your DS-2019 should state explicitly that you are or are not subject to the 212(e) home residency requirement.

If you are subject to it then you cannot receive an H, L, K or immigrant visa; it's the law.

As stated above, even if you applied for a waiver it would likely take a few months, and you'd probably reach October before that waiver request was approved (or denied). Yes, you can visit the US in the meantime, but any time you spend outside the UK doesn't count towards the two years, so you'd be cutting off your nose to spite your face if you decided to come here for a couple of months to wait it out, for example.

Sometimes (rarely) your visa and DS-2019 will not state anything with regards to the HRR. In that case you can request an advisory opinion from the State Department and they will tell you whether or not you are subject to it.

Edited April 28, 2014 by Hypnos

[Marshall15 4]

I misquoted. I got back October 2013 so it looks like the form needs completing

[Hypnos 6,576]

What does your visa and DS-2019 say?

[Beautifulday 16]

I'm sorry to interrupt here but I got a question. I was also a j1 visitor, I was an exchange student, this j1 Visa was eligible from Jul 2009 to Jul 2010. I then went to Poland, my country, and after summer got back here again on the F1 student visa, graduated hs here. I've been in my country since June 2011 til February 2013. However my j1 thing in my passport does say "bearer is not subject to section 212e. Two year rule does not apply. (Poland)"

Am i good? We just got approved for the k1, I'll have to schedule interview in my country soon.

[Marshall15 4]

I've managed to find it.

It doesn't appear to say anything, but on the back it does state the 2 year rule.

I never bothered to check it over as I didn't plan on meeting someone when I landed in the USA!

[Hypnos 6,576]

The "is subject to the 212(e) home residency requirement" box is checked on your DS-2019?

[Marshall15 4]

Where is this located? Sorry.

The statement on the back also doesn't mention K visa.
It does state Marriage does not remove this requirement, but I'm not married, I'm applying to, which has been accepted?

[Marshall15 4]

There is a box that says 'is not subject to the two year residence requirement', but it is not checked.

Ok, it just got confusing.

My first one had it checked?

Let me explain, I had a 12 month visa, that was then extended to 18 months, so I have 2 different forms?

[Beautifulday 16]

Wil anybody help me

[NorrisSF 16]

Wil anybody help me

Would recommend you start your own thread so you can have answers focused on your question/s. It might get confusing if you piggy back on some one else's thread and people might not know whether the answer regards your question or someone else.

[Beautifulday 16]

Would recommend you start your own thread so you can have answers focused on your question/s. It might get confusing if you piggy back on some one else's thread and people might not know whether the answer regards your question or someone else.

I said I was sorry, and I clearly asked about my station after explaining it a little. I don't see what the problem with is but OK...