J1 waiver 2 year rule, already applied for K1 visa

M

Murck

Registered Users (C)
Hi,

I am a Dutch citizen who wants to get married to a US citizen.

Last year (2009, til August) I have been in the US on a J1 visa. I have met my fiancee there and now we would like to get married and live in the US.
In February of this year we have filed for a K1 visa in the understanding the two year rule only applied to the same visa I had (so the J1). Obviously this was not the case!

We already got news from the USCIS that everything was approved and we should be married before January 2nd of 2011. When I received my papers from the US consulate in Amsterdam an appointment was scheduled for October 25th. I was really excited thinking we were almost done. However, a week after I received a phone call from the consulate saying that they just saw the two year rule stamp in my passport on the old J1 visa. Now they told me to apply for the J1 waiver. I would like to know how long this will take since the US told us to get married before January 2nd where I thought the K1 visa didnt go in effect until I entered the US.

Will I receive the J1 waiver in time? Is there anything else I need to consider?
We have already sent out the documents to apply for the J1 waiver but I'm worried things won't be done in time.

Tomorrow I have that appointment (October 25th, 2010) at the US consulate in Amsterdam because the lady there told me to still come in for that. I found this weird if they're not going to give me the visa.

If anyone has gone through a similar situation could you please give me some tips or comments.

Any help is much appreciated!!
Thanks in advance, Mark
 
Hi again,

The thing is I didnt try to fool the USCIS.. When I received my J1 visa in January of '09 my university hired a team who did all the paperwork for us students.
At that time they told us that the 2 year rule only applied to the same kind of visa (so in this case the J1 student visa), however, this is obviously not the case.

So yesterday I had that appointment at the consulate and now all I have to do is wait for the J1 waiver to come in. Then I can make another appointment in which they will provide me with the K1 visa. I understand Im lucky to still obtain it because Ive heard of cases where people had to start all over from the beginning again.
 
He may ask friends or close family to sponsor you if he cannot fulfill the Affidavit of support requirements.
 
Hi again,

So today I checked whether the online case status check was available to me already. We sent all documents to St. Louis on October 23rd. Surprisingly it was! It says all documentation has been 'received' (November 2nd) and the case is now pending.
Hope it doesn't take that long anymore now. Does anyone know how long after that people normally receive their J1 waiver?

Thnx in advance!
 
waiver question

Hi,

Not sure if people are still reading this.

I'm in a similar situation. I'm on a J1 and have the 2 year foreign residency requirement. I will marry a US citizen and want to apply for a green card. How hard is it to get the waiver? The embassy has to write a "statement of no objection", right? How did you get it, by just emailing the embassy?

thank you,

Bas
 
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