getting married to an american citizen

L

laithalrubaiy

Registered Users (C)
Greetings

I have been in the US as a J1 research student. Now I am in Canada
I want o get married to an american citizen but I have not done my 2 years home residency. Can I apply for K visa
Please I need an advice

Regards
 
I believe you still have to either do the 2 yr home requirement or 3 yr waiver if a physician prior to being able to file for K visa.
 
The first thing to check is whether you actually have a foreign residency requirement (not all J1 do). The official way to find out is to apply for a advisory opinion from the department of state. You send them copies of your IAP-66 or DS2019 forms and they send you a reply back on whether you have a HRR or not (I don't think that there is a fee for it).
 
Thanks all for your answers
Is there a specialized department at the DOS called advisory dep or such. Or should I call them to find out
I know I need a 2YHR as I was fulbrighter.Does this make it more complicated
the thing is that I am really in love of this lady and want to get married to her so I need to ask for any advise in this field.
I do apprecaite your help friends
 
http://travel.state.gov/visa/temp/info/info_1294.html#advisory

My understanding is that Fullbright only very rarely issues a no-objection to the home residency requirement. In fact, the program is administered by DOS and the idea of the entire program is to send trained people back to their home countries. So from a Fulbright, I suspect you will be stuck with your HRR.

(this should not affect your affection for your intended spouse. I know plenty of people who bridge continents for years until they can be together, it takes committment and endurance but it can be done, especially if you are talking about neighbouring countries and such a short period of time.)
 
Hi Hadron
Thanks so much for your nice words.
Any how I have checked the web site you sent
But I am not a fulbrighter any more that was 1 year ago I am now in Canada
Should I still take their no obligation letter !!
 
I have never applied for a 'no-objection' waiver. My understanding is that you need a 'letter of no objection of the candidate not returning to canada' (or something like that) from the canadian goverment.
You also need a release from the agency that provided your funding during the J1 stay.
Some organizations like the national science foundation of the US will issue such a letter because you staying in the US would not conflict with their objectives (to further the sciences in the US).
Fullbright on the other hand is a program designed to train individuals in the US and then to send them back to their home countries. As a result, Fullbright doesn't issue a release (unless there is some overriding national interest like defense related work).
 
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