K-1 while still on the 2 year HRR

[ladywhite]

Hello all,

I have a question that I hope you guys can help me.

I was a J-1 holder and now am doing my second year of the 2 year HHR in my home country. My 2 year HRR will end on Sep 1, 2007 (as i returned home on Sep 1, 2005 --> the date stamped on my passport).

My fiance who is a US citizen plans on filing a K-1 petition around March of next year. If things go as usual (on an avarage of 4 months), the approved petition should be sent to the US embassy in my home country around July. Then I will send the Embassy all required documents along with an application, which is likely during the time of my 2 year HRR (that is before Sep 1, 2007). However, by the time I have my interview date set and actually go in for a visa interview, it should be after Sep 1, 2007 (or after I am done with my 2 year HRR).

My question is whether or not "my submission of the application of a K-1 visa during my 2 year HRR" will be a problem? I am aware that I am not eligible to apply for any kind of visa during my 2 year HRR. However, if they consider granting a visa based on the day I have an interview, I would definitely be eligible then to be granted a visa.

Please help. I would appreciate your inputs, comments, information, anything.

Thank you very much.

 

[MPGGPM]

You can submit the application ahead of time and try to "time" it so that it will process right about when your 2 year HRR ends.

I have seen plenty of examples of people doing just that , including myself on behalf of my wife. (Although, we are doing an I-130 not a k-1).

But, we have had no problems processing it, and it is perfectly alright to file an application during your 2 year HRR. My wife is nearing the end of her 2 year HRR and our application has already been approved by USCIS, and is now at the NVC. We expect the interview will occur at right about the time her 2 year HRR is up.