Is K1 visa not applicable if person was here with J1 before?

[belluco86 3]

I sent in an application for the K1 visa for my fiancee to come to the US and marry me. We met before she came to the US with a J1 visa where she studied from september to february for about 6 months. I just read in the forum that if the person had a J1 visa, the person is not eligible to apply for a K1 visa for 2 years. can someone please help me understand if this is true and what are possible solutions to my case.

Thank you in advance

[payxibka 10,044]

I sent in an application for the K1 visa for my fiancee to come to the US and marry me. We met before she came to the US with a J1 visa where she studied from september to february for about 6 months. I just read in the forum that if the person had a J1 visa, the person is not eligible to apply for a K1 visa for 2 years. can someone please help me understand if this is true and what are possible solutions to my case.

Thank you in advance

Only certain classes of J-1's are subject to 2 yr HRR. You need to determine if hers is/was (she should have some paperwork on it or it is indicated on the J-1 itself). If it is then it is possible to get a waiver otherwise you are good to go

Edited May 27, 2010 by payxibka

[Bernie C 24]

Below is a link to the DoS J Visa Waivers page.

J Visa Waivers

ou may want to read up on this info.

[pushbrk 12,128]

I sent in an application for the K1 visa for my fiancee to come to the US and marry me. We met before she came to the US with a J1 visa where she studied from september to february for about 6 months. I just read in the forum that if the person had a J1 visa, the person is not eligible to apply for a K1 visa for 2 years. can someone please help me understand if this is true and what are possible solutions to my case.

Thank you in advance

You sent in a petition, not a visa application. If your fiancee has a two-year home stay requirement that she is unable to get waived, she can still apply for a visa but it will not be granted until she has satisfied the home stay requirement. First you need to know if she is subject to one. Petition approval comes first, then she, not you, will apply for a visa.

[jandr 0]

My fiance is currently here on a J1-visa, if she still has the J1-visa, there should have been a part of it that said something about the 2 years. On my fiance's it says something like "visa holder not required for 2 year homestay". Otherwise:

http://travel.state.gov/visa/temp/types/types_1267.html#15

this explains whether or not her study will fall under the 2-year category. Click on two-year home-country physical presence.

Edited May 27, 2010 by jandr

[Audy_Rob 26]

Even if her J-1 Visa says not subject to the two year HRR, you could receive an RFE to provide the DS-2019. I read last week from one member that did get the RFE from USCIS because they did not accept the statement on her Visa, they wanted to see a copy of the DS-2019 form itself.