K1/K3 and J1 two years rule

[littlemy]

Hej,

I have a question about K1 (or K3) visa and J-1:
I am a German national. I worked for two years as postdoc in US under a J1 visa with two years rule. My funding was by NIH, I guess this is the reason why I fell under this rule, as Germany has no skill list.
I left US one year ago and now I work as postdoc in Japan.

My boyfriend (I met him during my stay in US) is US citizen and lives in US. We want to marry, initially we planned applying for either K1 or K3. But apparently I cannot apply for another visa as long as I do not fulfill the two years home rule from my previous J1 visa.
I want to avoid adding another 2 years of long-distance relationship due to the 2 years rule.

Is there any way around that 2 years home requirement rule? Is it difficult to get the waiver? I read that having worked for government institute, it is difficult to get waiver from US side. Does working 2 years in another country than the home country "count"? How about getting another job in US? Would the new employer get the waiver more easily?

Did anybody had to go through the J1-waiver + K1 (or K3) process? Could you share your experiences?
Furthermore, did anyone apply for K1 or K3 from another country than the homecountry (remember: I am German, working in Japan, so I cannot easily travel home and go to American consulate in Germany). Is processing time longer in that case?

Any comments or experiences would be helpful.

I was not sure if I should post this question in K1/K3 forum or in the J1 forum. Sorry if I did choose the wrong one.

Thanks for reading!

Claudia

[rayb]

Claudia,

A K1 or spousal CR-1 visa can be applied for in any country in which you have a legal residence or employment visa.

Before you can apply for a spousal K3 visa, you must first apply for a spousal CR-1 visa.

The J1 "2-year" waiver is, as you surmise, your biggest barrier to normal processing of a spousal (or fiance) visa.

--Ray B

Hej,

I have a question about K1 (or K3) visa and J-1:
I am a German national. I worked for two years as postdoc in US under a J1 visa with two years rule. My funding was by NIH, I guess this is the reason why I fell under this rule, as Germany has no skill list.
I left US one year ago and now I work as postdoc in Japan.

My boyfriend (I met him during my stay in US) is US citizen and lives in US. We want to marry, initially we planned applying for either K1 or K3. But apparently I cannot apply for another visa as long as I do not fulfill the two years home rule from my previous J1 visa.
I want to avoid adding another 2 years of long-distance relationship due to the 2 years rule.

Is there any way around that 2 years home requirement rule? Is it difficult to get the waiver? I read that having worked for government institute, it is difficult to get waiver from US side. Does working 2 years in another country than the home country "count"? How about getting another job in US? Would the new employer get the waiver more easily?

Did anybody had to go through the J1-waiver + K1 (or K3) process? Could you share your experiences?
Furthermore, did anyone apply for K1 or K3 from another country than the homecountry (remember: I am German, working in Japan, so I cannot easily travel home and go to American consulate in Germany). Is processing time longer in that case?

Any comments or experiences would be helpful.

I was not sure if I should post this question in K1/K3 forum or in the J1 forum. Sorry if I did choose the wrong one.

Thanks for reading!

Claudia

[littlemy]

Claudia,

A K1 or spousal CR-1 visa can be applied for in any country in which you have a legal residence or employment visa.

Before you can apply for a spousal K3 visa, you must first apply for a spousal CR-1 visa.

The J1 "2-year" waiver is, as you surmise, your biggest barrier to normal processing of a spousal (or fiance) visa.

--Ray B

Hi Ray,

Thanks for your quick reply!

It seems indeed that the waiver is the hardest part. >_<

Concerning your answer, I found on http://travel.state.gov/contenthttps...ly/fiance.html that

"If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are
-Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1)
-Nonimmigrant visa for spouse (K-3) "

Both need I130 form to be filed. So I am a bit puzzled by your statement that I need CR1 in order to apply to K3. I thought they are different kinds of visa.

Regards,

Claudia

[rayb]

What you are reading is not entirely accurate or current.

It has always been a requirement before you can submit an I-129F package for a k3 visa, you must first have a receipt Notice of Action fron an I-130 submittal for a CR-1 or IR-1 visa.

The problem over the last 4 years or so, however, is that if you do subsequently submit a K3 application, the two petitions will be joined and the I-130 moved forward to the National Visa Center, leaving the K3 petition at USCIS and unprocessed after petition approval.

The K3 is still on the books, but is no longer a viable procedure. I'm surprised that USCIS has not yet dropped it from its website instructions.

Years ago when it was first available, the K3 saved time in getting a spouse to the U.S., but a subsequent Adjustment of Status had to be submitted to get a Green Card.

Now, however, nothing happens with a K3 petition after it receives USCIS approval.

This has been my personal experience when trying to use the K3 option at insistence of my clients. We even tried to get the approved K3 petition moved out of the U.S. with form I-824 and an additional fee. USCIS took the fee, then either denied the K3 because the I-130 was already being processed at the NVC or did nothing with the approved K3 petition.

--Ray B

Hi Ray,

Thanks for your quick reply!

It seems indeed that the waiver is the hardest part. >_<

Concerning your answer, I found on http://travel.state.gov/contenthttps...ly/fiance.html that

"If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are
-Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1)
-Nonimmigrant visa for spouse (K-3) "

Both need I130 form to be filed. So I am a bit puzzled by your statement that I need CR1 in order to apply to K3. I thought they are different kinds of visa.

Regards,

Claudia

[littlemy]

Hi Ray,

Thank you very much for the clarification. This is certainly good to know.

So after getting the waiver (if I get that waiver...), I should apply for K1 or CR-1. As processing times for CR-1 seem to be very long, K1 seems to be the faster option.
Or move to Germany with my boyfriend, if I don't get the waiver.

Do you know if the application for CR-1 has to be done in the country where the marriage took place (I read that somewhere)? So if we marry in Japan, do I have to go to consulate in Japan? If we marry in Germany, it should be in Germany?

Regards,

Claudia

What you are reading is not entirely accurate or current.

It has always been a requirement before you can submit an I-129F package for a k3 visa, you must first have a receipt Notice of Action fron an I-130 submittal for a CR-1 or IR-1 visa.

The problem over the last 4 years or so, however, is that if you do subsequently submit a K3 application, the two petitions will be joined and the I-130 moved forward to the National Visa Center, leaving the K3 petition at USCIS and unprocessed after petition approval.

The K3 is still on the books, but is no longer a viable procedure. I'm surprised that USCIS has not yet dropped it from its website instructions.

Years ago when it was first available, the K3 saved time in getting a spouse to the U.S., but a subsequent Adjustment of Status had to be submitted to get a Green Card.

Now, however, nothing happens with a K3 petition after it receives USCIS approval.

This has been my personal experience when trying to use the K3 option at insistence of my clients. We even tried to get the approved K3 petition moved out of the U.S. with form I-824 and an additional fee. USCIS took the fee, then either denied the K3 because the I-130 was already being processed at the NVC or did nothing with the approved K3 petition.

--Ray B

[rayb]

You can be processed for a fiancee (K1) or spousal (CR-1) visa in any country where you presently reside and have legal status (residency or employment).

There is no truth to any claim that you must be processed for a visa in the country where the marriage took place.

CR-1 visas are averaging 8-10 months, from submittal of paperwork to Embassy interview. K1 visas are generaly about 2 months faster.

--Ray B

Hi Ray,

Thank you very much for the clarification. This is certainly good to know.

So after getting the waiver (if I get that waiver...), I should apply for K1 or CR-1. As processing times for CR-1 seem to be very long, K1 seems to be the faster option.
Or move to Germany with my boyfriend, if I don't get the waiver.

Do you know if the application for CR-1 has to be done in the country where the marriage took place (I read that somewhere)? So if we marry in Japan, do I have to go to consulate in Japan? If we marry in Germany, it should be in Germany?

Regards,

Claudia

[littlemy]

Ray,

Thank you again for the prompt answer. Your clarifications are very helpful!

I guess I will try to get the waiver and then apply for K1 or CR1.

Thanks,

Claudia

You can be processed for a fiancee (K1) or spousal (CR-1) visa in any country where you presently reside and have legal status (residency or employment).

There is no truth to any claim that you must be processed for a visa in the country where the marriage took place.

CR-1 visas are averaging 8-10 months, from submittal of paperwork to Embassy interview. K1 visas are generaly about 2 months faster.

--Ray B

[Hayden Smith]

Hi Claudia,

I am in a similar situation, I met a girl who lives permanently in the US and I want to do a J-1 Trainee program, and then decide if I want to stay.

Where did you get with the waiver?

Thanks

Hayden

Ray,

Thank you again for the prompt answer. Your clarifications are very helpful!

I guess I will try to get the waiver and then apply for K1 or CR1.

Thanks,

Claudia