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T9Wilson

K1 from J1 with 212(E) 2 year restriction

By T9Wilson in K-1 Fiance(e) Visa Process & Procedures

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T9Wilson Newbie

T9Wilson   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

Hello all!

New to the Site / Forum and just starting the process. I have searched and found some answers, though a bit dated and not definitive to my situation.

Looking for some updated info if available on the process of applying for a K1 visa.

Complication: My Fiancee is from China and was here in March of 2016. She was here with a J1 visa with the 212(E) 2 year restriction (from China)

I am starting the K1 process and am curious at what point I should file for the waiver and how to do so, The hope was to file now and have her approved by the first of next year.

Also, does anyone have any experience in requesting the waiver for a Chinese citizen.

Thanks in advance!

RandyW Rising Star

RandyW   150

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

The word "was" may weigh heavily on your options here - if she is back in China, "My wife searched about half the internet on the Chinese forums similar to this site, and everyone said that the Chinese Government will not issue a waiver once you have come back to China."

Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Five Bases for Recommendation of a Waiver

1. No Objection Statement:

Your home country government may issue a No Objection Statement through its embassy in Washington, DC directly to the Waiver Review Division that it has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States. The No Objection Statement may also be issued by a designated ministry in your home country’s government and sent to the U.S. Chief of Mission, Consular Section at the U.S. Embassy within that country. The U.S. Embassy would then forward it directly to the Waiver Review Division.

see http://candleforlove.com/forums/topic/48345-urgent-advice-needed/

玉林，桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

T9Wilson Newbie

T9Wilson   0

Posted
Filed: K-1 Visa Country: China
 Timeline
  • Author
Posted

Thanks for the prompt reply and information Randy...

She is a professor and is going to check with the university to see if they will allow / petition for her to be able to complete her 2 year HRR here in the US.

Sounds like a bit of a long shot but that is where we will start

I will update as we know more

 
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