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BubblyJoe

J1 visa 2 year rule, before K1 visa

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

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BubblyJoe Newbie

BubblyJoe   0

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My fiancé and I recently got the first our first approval for I129F.

 

Because she was previously in the US on J1 visa and subject to 2 year home residency rule, she had to go back and stay there for 2 years. We are quickly approaching the 2 year mark for the end of May.

 

Can she apply for K1 visa through form DS-160 before the 2 years is up? Can she do the visa interview before the 2 years is up? Because these processes will take several months and by the time everything is approved it will easily be through the 2 year period.

 

Thanks!

wildbug100420 Collaborator

wildbug100420   439

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Filed: K-1 Visa Country: Philippines
 Timeline
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3 hours ago, BubblyJoe said:

My fiancé and I recently got the first our first approval for I129F.

 

Because she was previously in the US on J1 visa and subject to 2 year home residency rule, she had to go back and stay there for 2 years. We are quickly approaching the 2 year mark for the end of May.

 

Can she apply for K1 visa through form DS-160 before the 2 years is up? Can she do the visa interview before the 2 years is up? Because these processes will take several months and by the time everything is approved it will easily be through the 2 year period.

 

Thanks!

Please complete your timelines. Where are you in the process?

BubblyJoe Newbie

BubblyJoe   0

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4 hours ago, BubblyJoe said:

My fiancé and I recently got approval for I-129F at the end of Febuary.

Fixed. Little bit of gibberish.

 

We are now waiting for it to be  transferred to the embassy in Guangzhou, China.

 

Screenshot_20260405_153026_Chrome.thumb.jpg.c09461b241cc4d81c9963cac31c6c0e3.jpg

The "Apply Again" section makes me think she can apply for K1 visa and maybe by the time she interviews and/or does the medical exam she will have completed the 2 years in her home country, which is around the end of May.

Boiler Grand Master

Boiler   48,839

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Filed: K-1 Visa Country: Wales
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The 2 years has to be completed before a visa can be issued.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

pushbrk Grand Master

pushbrk   14,447

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Filed: Other Country: China
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36 minutes ago, Boiler said:

The 2 years has to be completed before a visa can be issued.

Correct, meaning yes she can "apply" now.  The DS160 is the visa application form and the application process completes with a visa interview in Guangzhou.  Her two years will have passed before the interview.  (Conclusion of visa application process)

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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