J-1 interfere with K-1?

[JackandDianne 0]

My fiance was in the United States on a J-1 visa (this is how we met). I got word that she is required to stay in her country (Brasil) for two years before coming back to the United States. Is this correct? If so, can it be waived, and how practical would that be?

Thanks everyone!

[Pennycat 880]

Is she already back in Brasil? My understanding of the J-1 is that because it is sometimes associated with programs funded by her government, she "owes" her country 2 years of residency. Like-- they pay for her to come for school or training, she needs to use it back at home. I believe that she is not able to apply for a K-1 until this requirement has been met. However, I'm not sure if that applies to ALL uses for the J-1 so maybe it doesn't apply to her?

Maybe this would help clear it up a bit: http://www.visajourney.com/content/exchange-visitor-visa-guide

I'm sure there are waivers to this somewhere/somehow, if it applies to her. I would assume, though, that you'd have to be married first and that her absence would create hardship for you.

[JackandDianne 0]

Thanks, I wil look into that!

[Pennycat 880]

Here this is helpful. Apparently you can apply for a "no objection statement" which is basically our state department and her government saying that there's no objection that the 2 year homestay is waived (I'm guessing this is more likely for folks who were not on programs paid for by their home governments):

http://www.visajourney.com/forums/topic/293126-j-1-no-objection-waiver-and-k-1-visa/

The key here is to make sure that you get the no objection statement before you get too far into the K1 process because the K1 will be denied if that requirement still stands. K1s are going so fast right now, I'd wait to apply for the K1 until you have this statement.

Good luck.

[JackandDianne 0]

I got it figured out!

She is not required to do the two year 212 (e) home residence. It does NOT apply to all J-1 visa holders.

Ok everyone I got it figured out!

There are three reasons why an au pair on a J1 visa would be required to stay in their home country for two years.

1. The au pair program was funded, directly or indirectly, completely or partially by the US or host foreign government

2. The student learned a skill in the United States that the foreign country needs

3. Graduate of medical school/training.

None of these apply. Also, on her J-1Visa and her DS-2019 it indicates that she is not required to do the two years.

[Unidentified 2,930]

I got it figured out!

She is not required to do the two year 212 (e) home residence. It does NOT apply to all J-1 visa holders.

Ok everyone I got it figured out!

There are three reasons why an au pair on a J1 visa would be required to stay in their home country for two years.

1. The au pair program was funded, directly or indirectly, completely or partially by the US or host foreign government

2. The student learned a skill in the United States that the foreign country needs

3. Graduate of medical school/training.

None of these apply. Also, on her J-1Visa and her DS-2019 it indicates that she is not required to do the two years.

Yeah most au pairs are not subject to the 2 year home thing. Glad it worked out and you guys won't have to go through all the hassle!

[Pennycat 880]

I got it figured out!

She is not required to do the two year 212 (e) home residence. It does NOT apply to all J-1 visa holders.

Ok everyone I got it figured out!

There are three reasons why an au pair on a J1 visa would be required to stay in their home country for two years.

1. The au pair program was funded, directly or indirectly, completely or partially by the US or host foreign government

2. The student learned a skill in the United States that the foreign country needs

3. Graduate of medical school/training.

None of these apply. Also, on her J-1Visa and her DS-2019 it indicates that she is not required to do the two years.

Awesome, I was hoping it was something like that for you. Without knowing why she had the J-1 and not being 100% familiar with that process myself I wasn't totally sure. Good to hear!