J1 visa -- Two year rule applies---pls help

[DreamChaser]

Hi,

I am new to this forum. Below is my situation. I really need help.
My fiance files a petition for k1 three months ago. I have been in US once holding J-1 visa. Today I found that "Two year rule applies" on my passport. I came back to my own country in Sep last year. That means I still have one more year to fullfil. So now my questions are
1) Can my K1 visa application still be processed?
2) Do I need to apply for J-1 waiver? If yes, how?

Thanks,
Dreamchaser

[DreamChaser]

Thanks in advance!

[area51]

Originally Posted by DreamChaser

Hi,

I am new to this forum. Below is my situation. I really need help.
My fiance files a petition for k1 three months ago. I have been in US once holding J-1 visa. Today I found that "Two year rule applies" on my passport. I came back to my own country in Sep last year. That means I still have one more year to fullfil. So now my questions are
1) Can my K1 visa application still be processed?
2) Do I need to apply for J-1 waiver? If yes, how?

Thanks,
Dreamchaser

You need to get the no-objection waiver process started.
You won't get the k1 visa until you finish the 2 years, have it waived(no objection waiver best bet) or get a state department advisory opinion in your favor.

Unfortionately, with the slow down of the USCIS, it may take longer than normal to process the waiver. (I could be wrong)
since you have 12 months to go, you may only gain (at best) 6-7 months by getting the waiver.
You may want to pray that you get an advisory opinion to shorten the wait, or just plan to come in 12 months.

The other thing you could do, is get another non-immigrant visa in the mean time if you can't bare to be apart for 12 months.
However with the k-1 application in the works, you may be denied that.
See what others have to say here on the forum, don't just take my answer.

[DreamChaser]

Thanks for your reply.
Can I apply for the waiver when I am in my home country? I heart that I have to be physically present in US to apply for the waiver.

[area51]

I think you can yes. If not, it would be listed on the forms.

You should post your question in the J visa forum for others to see your post easier. You posted in the root directory of the J and K Visa forum. You may also want to post in the K visa forum. People that monitor that forum can give you more advice on the K visa.
It's also best not to take the advice of one person. So don't just rely on what I write.


You probably understand this already but your K visa will still be processed, however, you won't be able to use it, because you are going for an Immigrant visa. Until your 2 year requirement is finished, waived or removed "immigrant" visa's are not available for you to use.

there is a lot of information on how to proceed with the waiver if you look for it in the forums.
In your case, you probably should go for the State Department advisory opinion in hopes of them wiping away the 2 year HRR within 40 days. But in the mean time, start the waiver process. Your fiance should talk with his congressman's office or senator's office and perhaps they can give him some direction for the Advisory Opinion for you.

[titto_alby]

Hi! I am entirely new in this site; and even don’t know whether I am writing in the correct place. I am here to get little information regarding my two-year rule they have imposed on my visa while U.S consulate issued me a J-1 non-immigrant exchange visitor visa before 7 moths for the duration of 10 months. I have been in U.S for past 6 months and now returned to India after completing my research work over there and to get exemption from two-year rule. I strongly hope that am not under that rule any more as I have returned in 6 months and would be considering as short-term scholar visited U.S. However, my question now is how can they know next time when I apply for any visa (in 2 years) that I am not including under two-year rule and eligible to apply for any visa. Why I have got this query is I didn’t receive any stamp in my passport while passed the port of entry (Chicago) in U.S during the return journey? However I am sure that they have taken out my I-90 form from passport and kept safe. Please help me in this regard...

[nscagony]

It doesn't matter how long you stay. What matters is how the J-1 visa was issued. If it was issued with 2 HRR and you enter the US with it it sticks. You will have to apply for a waiver.

[DRChen]

del

[srinivassai]

Dear Friends,
I have 2 questions regarding the J-WAIVER
1. I am currently working on J-1 visa. Recently, I have applied for J-1 visa final waiver and it is issued, planning to file E1B petition soon after

On my DS-2019 form I have validity till 06-25-2010. I am planning to travel to my home country (INDIA) next month
As my US-VISA got expired, I need to attend for VISA to come back to USA
Does it have any problem to attend VISA interview after issuing the J-1 waiver? or do they only check the DS-2019 validity to issue the VISA at US embassy in India?

Do they have any abjection at the port of entry in to USA?

2. Current J-1 visa waiver processing fee is changed from $215 to $230?

[rkanchoori]

Hi Srinivas,

I am in the same situation now..could you please let me know if you have any answer for this situation? Its really a great help to me...
Thanks
Ravi

[nscagony]

You could get denied at both stages, getting the visa and entering the US. The J1 waiver application is considered immigrant intent. Leaving the US is quite risky at this point.

[reetika]

I am working as teacher on J-1 visa,after getting wavier from my country ,whatelse i have to do, as this is my second year, and i have no idea what to do for H-1 visa.

[sadia anjum]

hi my name is sadia i have come in usa in august 2007 on j-1 visa (2 years rules applies )(i have one year visa)as
Montessori teacher i m working on this visa can i get married with green card holder boy or i can only get
married with citizen bcoz i dont want to go back from here and want to get married as soon as possible please
tell me what to do and how to do ???my visa is going to be finished in july 4,2009 i m worry about it
please let me know if u know somthing..my e mail address is sadia_sms@yahoo.com cell no 703-622-9203