Freak out about HRR and past J1

[em79sugar 1]

Hi Everyone,

I had such a major freak out tonight that I woke up my poor fiance in Sweden at 4am. I realized that he left on a J1 visa and is applying to return on a K1. Our attorney never said that he had to fulfill any home residence requirement. But now I am worried that he may. Does anyone know if the HRR only applies to those that are on a J1 visa and still in the US? Or can you go home from your J1 and complete that VISA then apply for a new Visa later? It was a year after he went home from his J1 that we applied for the K1, I am so freaking scared right now? I see other sites that say a previous J1 holder can apply for a tourist or H1 visa, but nothing about k1 visa? What to do?

[wahenie19 0]

Hi Everyone,

I had such a major freak out tonight that I woke up my poor fiance in Sweden at 4am. I realized that he left on a J1 visa and is applying to return on a K1. Our attorney never said that he had to fulfill any home residence requirement. But now I am worried that he may. Does anyone know if the HRR only applies to those that are on a J1 visa and still in the US? Or can you go home from your J1 and complete that VISA then apply for a new Visa later? It was a year after he went home from his J1 that we applied for the K1, I am so freaking scared right now? I see other sites that say a previous J1 holder can apply for a tourist or H1 visa, but nothing about k1 visa? What to do?

I'm in a similar situation because my fiance also on the J-1 visa and has the 2 year HRR. However, I still turned in the 129F petition because by the time her interview comes her 2 years would be over. Not all J-1 visa holders are subject to the HRR, check the visa on the passport it will say. There are some waivers for the HRR, you may want to check those out too.

[em79sugar 1]

Hi Everyone,

I had such a major freak out tonight that I woke up my poor fiance in Sweden at 4am. I realized that he left on a J1 visa and is applying to return on a K1. Our attorney never said that he had to fulfill any home residence requirement. But now I am worried that he may. Does anyone know if the HRR only applies to those that are on a J1 visa and still in the US? Or can you go home from your J1 and complete that VISA then apply for a new Visa later? It was a year after he went home from his J1 that we applied for the K1, I am so freaking scared right now? I see other sites that say a previous J1 holder can apply for a tourist or H1 visa, but nothing about k1 visa? What to do?

I'm in a similar situation because my fiance also on the J-1 visa and has the 2 year HRR. However, I still turned in the 129F petition because by the time her interview comes her 2 years would be over. Not all J-1 visa holders are subject to the HRR, check the visa on the passport it will say. There are some waivers for the HRR, you may want to check those out too.

Thanks for your reply. Here is the problem. My fiance had a passport that he lost, that had a VISA in it that said he was not subject to the condition, but his application said he was, but the actual visa, that was in his passport that he lost said he was not. He is going to call the US embassy in Sweden and see if they have that information and what their records show. Otherwise we are screwed because we will most likely get our NOA2 later this month or next month and that means his interview will happen before his two years is up. So, we are also not sure if we need to apply for a waiver ASAP. I just cannot believe my attorney did not check this and we now have no proof from his passport because it was lost.

[Carlawarla 1]

I'm sure his Embassy will have a copy of the visa they issued him. You said it was a year since he's returned back to Sweden. It's possible, that if he does have a two year HHR, then you could put the interview off until that time. You haven't received the NOA2 yet, and it's good for 4 months. Perhaps interviews are slow there and it will take you past the 2 years?

Carla

[Roong_Rob 0]

Thanks for your reply. Here is the problem. My fiance had a passport that he lost, that had a VISA in it that said he was not subject to the condition, but his application said he was, but the actual visa, that was in his passport that he lost said he was not. He is going to call the US embassy in Sweden and see if they have that information and what their records show. Otherwise we are screwed because we will most likely get our NOA2 later this month or next month and that means his interview will happen before his two years is up. So, we are also not sure if we need to apply for a waiver ASAP. I just cannot believe my attorney did not check this and we now have no proof from his passport because it was lost.

J1's used to be impossible to get waivers on 27 years ago when I tried for my now ex-wife. But currently waivers are much easier to obtain. You need to contact the DoS (Department of State) and see if they will issue a No Objection letter. This depends on the country, the area of specialization and degree obtained, etc... It is normally assumed you will get a No Objection letter. Once that is obtained you can then get a waiver of the J1 HRR.

[Kev + Kinha 0]

Thanks for your reply. Here is the problem. My fiance had a passport that he lost, that had a VISA in it that said he was not subject to the condition, but his application said he was, but the actual visa, that was in his passport that he lost said he was not. He is going to call the US embassy in Sweden and see if they have that information and what their records show. Otherwise we are screwed because we will most likely get our NOA2 later this month or next month and that means his interview will happen before his two years is up. So, we are also not sure if we need to apply for a waiver ASAP. I just cannot believe my attorney did not check this and we now have no proof from his passport because it was lost.

J1's used to be impossible to get waivers on 27 years ago when I tried for my now ex-wife. But currently waivers are much easier to obtain. You need to contact the DoS (Department of State) and see if they will issue a No Objection letter. This depends on the country, the area of specialization and degree obtained, etc... It is normally assumed you will get a No Objection letter. Once that is obtained you can then get a waiver of the J1 HRR.

I was in Usa last year in a J-1 Visa, i looked at the visa on my passport and says that I am not Subject to section 212 (E) two year rule does not apply. We got our N0A2 for a K-1 visa approved. I hope everything will be all right on the say of the interview. Good luck for Us.