2 year rule

[atina 12]

I came to the US for the first time on a J1 visa that a have a 2 year rule from, and then came back on an F1 visa later on. My 2 year rule is going to be over by the end of June 2016, and my partner and I plan on filing for a K1 visa, but we are not sure if we should do it ASAP (I don't want to go to an interview and then have to reschedule/be denied if my 2yr is not up), so I'm just wondering when is a good time to file for a K1 in our particular situation, and what happens if an interview takes place, but I have a couple more weeks/days to stay in my home country until the 2 year rule is over?

[Asia 2,491]

If your 2 year rule is going to be over by the end of June 2016, then it's over by now, so your partner can start the K-1 petition any time now.

[atina 12]

If your 2 year rule is going to be over by the end of June 2016, then it's over by now, so your partner can start the K-1 petition any time now.

Oops, typo, I meant 2017!

[sofyab 2]

I'm in the same situation right now and we filed our petition in October. My two year home residency will be over in April, so we plan to schedule my interview a few days after that. As far as I know it's fine to let your embassy know about your circumstances and they will be happy to reschedule your interview. If I were you I'd file asap just in case petition approval will take a long time

[Asia 2,491]

Oops, typo, I meant 2017!

I don't think the whole process will end by June 2017, so I would start it as soon as you can

[atina 12]

Thank you so much for your help!

[aaron2020 11,651]

How are you fulfilling your 2 years home stay if you came back here on an F1 visa?

[atina 12]

How are you fulfilling your 2 years home stay if you came back here on an F1 visa?

I went to the US on an F1 after fulfilling a year and two months. Now I'm back to fulfill the remaining ten months. As far as I know, it doesn't have to be consecutive.

[aaron2020 11,651]

I went to the US on an F1 after fulfilling a year and two months. Now I'm back to fulfill the remaining ten months. As far as I know, it doesn't have to be consecutive.

It doesn't have to be consecutive. Thank you for clarifying.

[sofyab 2]

I'm doing the same thing as Atina, exactly the same timing. Were you in Yes program?

Also, if anyone can elaborate more on the interview process, that would be great. Our petition just got approved, and we are thinking of scheduling interview a month before my 2 years expire. If anyone has experience with that, please let me know.

[atina 12]

I'm doing the same thing as Atina, exactly the same timing. Were you in Yes program?

Also, if anyone can elaborate more on the interview process, that would be great. Our petition just got approved, and we are thinking of scheduling interview a month before my 2 years expire. If anyone has experience with that, please let me know.

I was on World Learning's UGRAD program!

Congratulations on getting your petition approved! We are still in the process of collecting everything because we decided to do it on our own (which is a little scary but doable, no?). As for your question, wouldn't you want the two year rule to be fulfilled before your interview?

I have additional questions (really thinking ahead here), is it the petitioner who picks the interview date? And what happens if the 2 year rule is not fulfilled when the interview takes place? Does the interview just have to be rescheduled?

[sofyab 2]

I was on World Learning's UGRAD program!

Congratulations on getting your petition approved! We are still in the process of collecting everything because we decided to do it on our own (which is a little scary but doable, no?). As for your question, wouldn't you want the two year rule to be fulfilled before your interview?

I have additional questions (really thinking ahead here), is it the petitioner who picks the interview date? And what happens if the 2 year rule is not fulfilled when the interview takes place? Does the interview just have to be rescheduled?

Thank you! Yes, we decided not to rush and it took us forever to collect everything. By the time we were done my fiance decided that it would be the best to hire a lawyer, who will check everything for us. It went smoothly and we were approved in exactly one month (way faster than expected). It is doable, especially with two year home residency, when there is no need to do everything asap.

I od want to fulfill my 2 years before the interview, but I'd also like to see my fiance sooner, since we've been apart for 6 months already. So we were thinking of scheduling it a month prior to 2YHRR expiration. Our lawyer said he has heard about the cases where the visa was approved on the spot but was issued on the 2YHRR expiration date.

I'm not sure about interview scheduling, I would assume you can schedule it yourself, but it might be different for immigrant visas. I can definitely message when my case gets to the consulate.

[aaron2020 11,651]

Do not schedule the visa interview before fulfilling the 2 years HRR. While you are hoping for them to hold on to the case until you meet the HRR, you could end up with a denial for not meeting the requirement at your interview.