J-1 VISA, Re-schedule interview

[swvann 0]

Hello,

My wife and I were married in November 2012 in the US. My wife is from China and was in the US on a J-1 VISA. She returned to China December 2012, due to her J-1 VISA expiring. As soon as she returned, we started the immigration paperwork. After countless forms and fees, she was finally scheduled an immigration interview at the US Consulate in Guangzhou on Dec 24, 2013. During her interview, it noted that she had not yet met her 2 year home requirement. We were already aware of the 2 year home requirement, but decided to try our chances anyway.

Now that the 2 year mark is approaching, we would like to go ahead and re-schedule the interview. However, the US Consulate will not schedule the interview until the 2 years has been met. My concern is how long it will take to schedule the interview. If the 2 years is met on Dec 31st of this year, it may be a few months before an interview is re-scheduled. Has anyone had this situation before? How long did to take get an interview scheduled? How long does it usually take for the visa to be processed after the interview?

Any advice or suggestions is GREATLY appreciated!

Thanks

Scott

[ISBJORN10 5]

J1 VISA TWO YEARS RULE APPLY , THATS MEAN SHE CANT GET ANOTHER J1 VISA NOT ALL THE VISAS

THATS MEAN SHE IS APPLYING FOR ANOTHER VISA TYPE WHICH NOT AFFECT AND THE 2 YEARS RULE WILL BE WAIVERED

[David & Diana R 1,005]

Hello,

My wife and I were married in November 2012 in the US. My wife is from China and was in the US on a J-1 VISA. She returned to China December 2012, due to her J-1 VISA expiring. As soon as she returned, we started the immigration paperwork. After countless forms and fees, she was finally scheduled an immigration interview at the US Consulate in Guangzhou on Dec 24, 2013. During her interview, it noted that she had not yet met her 2 year home requirement. We were already aware of the 2 year home requirement, but decided to try our chances anyway.

Now that the 2 year mark is approaching, we would like to go ahead and re-schedule the interview. However, the US Consulate will not schedule the interview until the 2 years has been met. My concern is how long it will take to schedule the interview. If the 2 years is met on Dec 31st of this year, it may be a few months before an interview is re-scheduled. Has anyone had this situation before? How long did to take get an interview scheduled? How long does it usually take for the visa to be processed after the interview?

Any advice or suggestions is GREATLY appreciated!

Thanks

Scott

Sorry this happened to you but may I ask why didn't she just stay in USA once you were married? Overstay would have been forgiven because of marriage to US citizen, would it not? Well hindsight is 20/20 I guess. Looks like you will just have to wait for the first possible interview date. God Bless

[swvann 0]

J1 VISA TWO YEARS RULE APPLY , THATS MEAN SHE CANT GET ANOTHER J1 VISA NOT ALL THE VISAS

THATS MEAN SHE IS APPLYING FOR ANOTHER VISA TYPE WHICH NOT AFFECT AND THE 2 YEARS RULE WILL BE WAIVERED

Two Year Rule applies to ANY immigration visa. You have to meet the 2 year home requirement before you can be awarded an US immigration visa. Marriage to a US citizen does not waive the 2 years.

Sorry this happened to you but may I ask why didn't she just stay in USA once you were married? Overstay would have been forgiven because of marriage to US citizen, would it not? Well hindsight is 20/20 I guess. Looks like you will just have to wait for the first possible interview date. God Bless

Thanks for your reply. Unfortunately the overstay would not have been forgiven. In order to get an Immigrant VISA, a J-1 holder has to fulfill the 2 year home requirement, before issued a immigrant visa. Marrying a US citizen does not waive that requirement. I sure wish it did!

[David & Diana R 1,005]

Two Year Rule applies to ANY immigration visa. You have to meet the 2 year home requirement before you can be awarded an US immigration visa. Marriage to a US citizen does not waive the 2 years.

Thanks for your reply. Unfortunately the overstay would not have been forgiven. In order to get an Immigrant VISA, a J-1 holder has to fulfill the 2 year home requirement, before issued a immigrant visa. Marrying a US citizen does not waive that requirement. I sure wish it did!

Wait. So if she stayed in US after marrying you here she HAD to return to China? Why? This is news to me. I have read over and over agin about people coming here on visitor visa's and getting married and staying. Just adjusting status. Am I wrong on this?

Any way good luck and GOD BLESS

[Lainie B 465]

Moving to IR1/CR1 forum

[swvann 0]

Wait. So if she stayed in US after marrying you here she HAD to return to China? Why? This is news to me. I have read over and over agin about people coming here on visitor visa's and getting married and staying. Just adjusting status. Am I wrong on this?

Any way good luck and GOD BLESS

J-1 is not a normal visitor's visa, it's a non-immigrant workers visa that is sponsored by the Chinese government. It has it's on rules and regulations compared to other visitor visas. I wish it was as easy as just adjusting a status, unfortunately it's not. My wife has had several colleagues go through the same process. It's a long, complicated process but we are in the final stretch now.

Thanks for the kind words.

[Ryan H 3,790]

You are probably already aware of this site: http://ustraveldocs.com/cn/

If the Consulate has the file (your first post indicates they do), then you go to that site and schedule an interview when:

• A) The 2 year HRR is met.
• B) The first date available that you can see

In addition, you will also need to use that site to designate where the passport will be picked up.

**Moderator hat on**

~~~If you wish, this thread can be moved to the China regional forum. People there can who have dealt with the process regarding return of passports since the new process of returning them was implemented after the interview can provide you with estimates.~~~

[David & Diana R 1,005]

J-1 is not a normal visitor's visa, it's a non-immigrant workers visa that is sponsored by the Chinese government. It has it's on rules and regulations compared to other visitor visas. I wish it was as easy as just adjusting a status, unfortunately it's not. My wife has had several colleagues go through the same process. It's a long, complicated process but we are in the final stretch now.

Thanks for the kind words.

Sorry to hear that. I learned somehting new. Zoila and I will be praying for you both. God Bless