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sullygomez

Applying for a K1 before two year rule is up? (split)

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Hi guys!

this info has been really helpful but I am still a little worried.

we have everything ready to apply but my two years will be up till December, could they deny our petition because of that?

or the real problem will be the day of the interview?

we want to do everything with enough time because our "plan" is that the whole process will take one year.

Please tell me how did it work for you, I really appreciate any help.

Greetings from Colombia

Sully

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On 1/24/2019 at 6:52 AM, sullygomez said:

Hi guys!

this info has been really helpful but I am still a little worried.

we have everything ready to apply but my two years will be up till December, could they deny our petition because of that?

or the real problem will be the day of the interview?

we want to do everything with enough time because our "plan" is that the whole process will take one year.

Please tell me how did it work for you, I really appreciate any help.

Greetings from Colombia

Sully

Immigration is a very complicated thing. Officers interpret the law differently all the time. My experience: Counted the J1 2yr requirement days precisely to make sure that on the INTERVIEW DAY at the consulate I completed the 2yr requirement. While in process at USCIS and NVC before going to the consulate I had not completed the 2yr yet and they did approve it. Of course, in all the forms asking if I had a previous visa I stated J1 and wrote that I would be done with the 2yr requirement soon(dont really remember which forms, it's been a while, I believe only the DS160 for the consulate asked for it? maybe another one for the I129f.) Anyways, you should be fine, they should approve it here in the U.S. and send it to the consulate/embassy. I even remember of asking the consul in the interview day about it and he was like "you're good, you completed your 2yr already, you are approved." Long story short, 2yr for J1 should be counted in the interview day and when you least expect you'll be living here for years already. Can't believe time flew and I am already applying for the 10yr GC. Good luck!

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On 1/26/2019 at 11:05 AM, F & D said:

Immigration is a very complicated thing. Officers interpret the law differently all the time. My experience: Counted the J1 2yr requirement days precisely to make sure that on the INTERVIEW DAY at the consulate I completed the 2yr requirement. While in process at USCIS and NVC before going to the consulate I had not completed the 2yr yet and they did approve it. Of course, in all the forms asking if I had a previous visa I stated J1 and wrote that I would be done with the 2yr requirement soon(dont really remember which forms, it's been a while, I believe only the DS160 for the consulate asked for it? maybe another one for the I129f.) Anyways, you should be fine, they should approve it here in the U.S. and send it to the consulate/embassy. I even remember of asking the consul in the interview day about it and he was like "you're good, you completed your 2yr already, you are approved." Long story short, 2yr for J1 should be counted in the interview day and when you least expect you'll be living here for years already. Can't believe time flew and I am already applying for the 10yr GC. Good luck!

Thank you very for sharing for experience is very helpful!

Sully

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On 1/24/2019 at 8:52 AM, sullygomez said:

Hi guys!

this info has been really helpful but I am still a little worried.

we have everything ready to apply but my two years will be up till December, could they deny our petition because of that?

or the real problem will be the day of the interview?

we want to do everything with enough time because our "plan" is that the whole process will take one year.

Please tell me how did it work for you, I really appreciate any help.

Greetings from Colombia

Sully

As long as you have met within the last 2 years when you file the I-129F, you are 100% fine. Make sure you include proof of this meeting, such as passport stamps, dated photos together, hotel booking, etc. 

 

I would highly suggest checking out the Colombia portal, as country-specific information will help you greatly to make sure you are prepared throughout the whole process. https://www.visajourney.com/portals/index.php?country=Colombia


03/01/2018 - I-129F Sent

03/05/2018 - I-129F NOA1 (old site)

03/08/2018 - I-129F NOA1 (new site)
09/14/2018 - I-129F NOA2 

10/16/2018 - NVC Received

10/21/2018 - Consulate Received 

10/21/2018 - Packet 3 Received

12/30/2018 - Packet 3 Sent

01/06/2019 - Packet 4 Received

01/29/2019 - Interview Date - APPROVED!

02/05/2019 - Visa Received

##/##/2019 - U.S. Arrival

##/##/2019 - Married
 

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4 hours ago, beloved_dingo said:

As long as you have met within the last 2 years when you file the I-129F, you are 100% fine. Make sure you include proof of this meeting, such as passport stamps, dated photos together, hotel booking, etc. 

 

I would highly suggest checking out the Colombia portal, as country-specific information will help you greatly to make sure you are prepared throughout the whole process. https://www.visajourney.com/portals/index.php?country=Colombia

I believe OP is referring to a two year home country residency requirement from a previous J-1 visa, rather than the requirement to have met two years prior to filing a 129-F petition for a K-1.

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On 1/24/2019 at 9:52 AM, sullygomez said:

Hi guys!

this info has been really helpful but I am still a little worried.

we have everything ready to apply but my two years will be up till December, could they deny our petition because of that?

or the real problem will be the day of the interview?

we want to do everything with enough time because our "plan" is that the whole process will take one year.

Please tell me how did it work for you, I really appreciate any help.

Greetings from Colombia

Sully

You can obtain a waiver for the 2 year home rule. I don't have experience with it, so it might turn out as F & D said if your interview is after you completed the 2 year rule, but since you're meeting the requirement in December this year, there is a chance that you have to request the waiver anyway to obtain the visa if the interview is before that. I believe it's a fairly easy waiver to obtain, so I would choose the safe way but that's just my opinion :) 

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On 1/24/2019 at 6:52 AM, sullygomez said:

Hi guys!

this info has been really helpful but I am still a little worried.

we have everything ready to apply but my two years will be up till December, could they deny our petition because of that?

or the real problem will be the day of the interview?

we want to do everything with enough time because our "plan" is that the whole process will take one year.

Please tell me how did it work for you, I really appreciate any help.

Greetings from Colombia

Sully

I applied in Dec. 2016 and my 2-year-rule was going to expire in Aug. 2017.

When I went to the interview in May 2017, the consulate officer calculated when my 2-year-rule was going to expire since I left the country for a few weeks. He said my visa would be issued in September. I waited from May to September with my case status `Pending`. In September I received the k1 package on the mail and my case status changed to `Approved`.

 

I hope this info helps

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11 hours ago, martinianodl said:

I applied in Dec. 2016 and my 2-year-rule was going to expire in Aug. 2017.

When I went to the interview in May 2017, the consulate officer calculated when my 2-year-rule was going to expire since I left the country for a few weeks. He said my visa would be issued in September. I waited from May to September with my case status `Pending`. In September I received the k1 package on the mail and my case status changed to `Approved`.

 

I hope this info helps

Hi Martin!!!

Absolutely, this is very helpful!

So, did they take your passport the day of the interview and then, they gave you the visa or what happened exactly?

how did you get the interview the first time without the k1 package? Because for what i know you have to have the approval from the USCIS in order to schedule your interview, isn't?

sorry, I am confused, could you please give more details

thanks

 

 

 

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On 1/24/2019 at 6:52 AM, sullygomez said:

Hi guys!

this info has been really helpful but I am still a little worried.

we have everything ready to apply but my two years will be up till December, could they deny our petition because of that?

or the real problem will be the day of the interview?

we want to do everything with enough time because our "plan" is that the whole process will take one year.

Please tell me how did it work for you, I really appreciate any help.

Greetings from Colombia

Sully

If I understand you, you last met December, 2017. If you apply today you will be fine. 

 

On the day of the interview at the embassy, the CO will ask the beneficiary when was the last meeting with the petitioner. My suggestion is to make sure your answer is something other than "December, 2017". My fiancee answered: "today, he's waiting for me outside the embassy." Visa approved.

 

If the couple cannot afford to travel to meet one more time before the interview, the petitioner cannot afford import a fiance(e). Best wishes for your future. 

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On 1/31/2019 at 10:00 AM, sullygomez said:

Hi Martin!!!

 Absolutely, this is very helpful!

 So, did they take your passport the day of the interview and then, they gave you the visa or what happened exactly?

how did you get the interview the first time without the k1 package? Because for what i know you have to have the approval from the USCIS in order to schedule your interview, isn't?

 sorry, I am confused, could you please give more details

thanks

  

 

 

So my entire process in a very simple way (on top of my head) was:

1. The fiance applies for the K1 visa in the US (pay the fees)

2. The Process is approved and they send it to the embassy in your country

3. Once the fiance receives a notification with a new application number, You can "apply" for the interview with it (more fees)

4. You do Medical exams, Vaccines and gather More documentation (more fees)

4.1. The doctor mail you the exams

5. Go to the interview

5.1 (after approved) The consular officer calculates when your 2-year-rule will expire and will tell you they will mail everything the day after it expires

6. Receive the passport and the package in the mail

7. Fly to the US, handle the K1 package to the immigration officer and go to a room and wait quite a bit

8. Done :) 

 

I hope it helps.

Let me know if missed something, it was a while ago.

 

 

 

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On 1/31/2019 at 12:30 PM, Mike E said:

If I understand you, you last met December, 2017. If you apply today you will be fine. 

 

On the day of the interview at the embassy, the CO will ask the beneficiary when was the last meeting with the petitioner. My suggestion is to make sure your answer is something other than "December, 2017". My fiancee answered: "today, he's waiting for me outside the embassy." Visa approved.

 

If the couple cannot afford to travel to meet one more time before the interview, the petitioner cannot afford import a fiance(e). Best wishes for your future. 

The requirement for meeting within the prior two years is not what this thread is about.   Please see previous posts.

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