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swvann

J-1 VISA, Re-schedule interview

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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

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Filed: Country: Norway
Timeline

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


I129F SENT: 09/11/2014

Package arrived to Tx: 09/15/2014

Processing Center: CSC

NOA1: 09/17/2014

Alien Number changed: 09/22/2014

NOA2: 10/18/2014

NOA2 HARD COPY: 10/23/2014

NVC RECEIVED: 11/03/2014

EMBASSY RECEIVED: 11/172014

MEDICAL EXAM: 01/15/2015

INTERVIEW: 02/09/2015

VISA APPROVED: Yes

Ceac status: Ready Immigrant ----- AP Nonimmigrant ------ Issued

VISA IN HAND:

TRAVEL DATE:

WEDDING:

AOS SENT:

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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

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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!

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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

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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.

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Filed: Lift. Cond. (apr) Country: China
Timeline

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.~~~


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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

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