K1 visa under J1 two-year rule - K-1 Fiance(e) Visa

[sullygomez 0]

Hi everyone!

I got a J1 with the years home requirement, my fiance which is an American and I are ready to send all the documents to uscis to start our process but we are worried because my time will be up till December.

could they deny our petition because of that or the time just count till the interview day?

I really appreciate if you guys have advice about his.

thanks

Sully

[geowrian 22,335]

The petition won't be impacted by the 2YHRR. The petition is about one's eligibility to petition for a foreign fiance(e).

[sullygomez 0]

thanks a lot!

 

[sullygomez 0]

Hi again!

Are you 100% sure about it?

thank

 

 

[milimelo 4,196]

By the time you get visa interview it will have been months after your 2yrhrr has passed. 

 

Edited January 24, 2019 by milimelo

[sullygomez 0]

Really?

how many months/

How do you know this, did you have a situation like mine?

thanks a lot

 

[geowrian 22,335]

56 minutes ago, sullygomez said:

Are you 100% sure about it?

There's nothing in the petition requirements or instructions about a home residency requirement, or inadmissibility of the beneficiary.

The 2YHRR will be assessed at the time of - or after (if no decision is made immediately) - the visa interview.

 

As for timing, it's taking ~8-12 months on average from I-129F filing to visa interview right now. YMMV. I'm not as confident as the above poster that you will interview after December, but it would be close.

 

You can schedule the interview until after the time is up, or interview and get refused pending its expiration. So long as you don't sit on it too long, you're fine - the I-129F approval is valid for 4 months initially but can be extended by the embassy/consulate (either automatically or by request, depending on embassy/consulate).

[sullygomez 0]

this info is very helpful!

thank you very much