J1 visa 2 year rule, before K1 visa

[BubblyJoe 0]

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 439]

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 0]

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.

 

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 48,848]

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

[pushbrk 14,450]

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)

[BubblyJoe 0]

On 4/5/2026 at 4:56 PM, pushbrk said:

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)

Ya. I guess it makes sense that she can apply now before the 2 years is up. I was just looking to find it somewhere in writing and see if anyone else has done this before with the J1 visa and applying for another visa.

 

Im trying my best to understand all the obstacles and make sure we aren't slowed down by anything. So far smooth sailing. She might have to get some vaccines at the doctor's clinic in China or when she arrives here in the US. Sounds like she will need my tax return or something I134 form.

[Boiler 48,848]

It will be in the USCIS manual.

 

Best to get everything done Medically before the interview.

 

You are the sponsor re taxes.

[pushbrk 14,450]

21 minutes ago, BubblyJoe said:

Ya. I guess it makes sense that she can apply now before the 2 years is up. I was just looking to find it somewhere in writing and see if anyone else has done this before with the J1 visa and applying for another visa.

 

Im trying my best to understand all the obstacles and make sure we aren't slowed down by anything. So far smooth sailing. She might have to get some vaccines at the doctor's clinic in China or when she arrives here in the US. Sounds like she will need my tax return or something I134 form.

You'll find in writing what she cannot do.  Anything she can't do, she can do.  Yes, she will have instructions for the medical, where the vaccinations will be taken care of. Yes, now is a great time to download and study the I-134 and its instructions.  The whole process is described in the guides. Just click on the word guides at the top of any page here.

[pushbrk 14,450]

Just now, Boiler said:

It will be in the USCIS manual.

 

Best to get everything done Medically before the interview.

 

You are the sponsor re taxes.

It will be in the FAM, Foreign Affairs Manual.  Dept. of state issues visas not USCIS.  Sponsor regarding financial sponsorship, not just taxes.