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  1. #1
    Join Date
    Sep 2009
    Posts
    5

    Default J1 Visa Back to Home Country with 2 Years Requirement

    My wife is a J1 visa holder. We got married in Feb, 2009. She went back to her home country in April, 2009. She is subject to the 2 years rule. I know we can file the immigrant petition (I-130) and the waiver at the same time. Once approval of the immigrant petition is obtained, my wife will need to satisfy the two-year Foreign Residency Requirement (by the waiver or wait 2 years) before she is eligible to apply for an immigrant visa. I have the following questions:

    1. How long is it going to take for the I-130 to get approved?
    2. How long does it take to get the immigrant visa?
    3. How long does it take to ge the J1-waiver?
    4. Does she need to get a letter from her company for the J1-waiver using the "No Objection" option?
    5. Can she apply for the immigrant visa BEFORE the 2 years rule expired?
    6. Does the I-130 petition affect her from getting a travel visa?

    Thanks for the help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J1 Visa Back to Home Country with 2 Years Requirement

    1, 2. Check current processing times here.

    3. She can ask the agency of her nation's government that needs to authorize the waiver.

    4. You mean a No Objection Statement (NOS) from her nation's government? She should ask her nation's government what it requires.

    5. She cannot be issued an immigrant visa before the expiration of the two year period. Applying before that time runs the risk that her application will be reviewed and that she'll be denied before her two years are up.

    6. Speaking generally,
    Quote Quoting We only wish to travel to the United States to marry. We will return to Ireland after marriage. Do we still need a fiancé(e) visa?
    A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.

  3. #3
    Join Date
    Sep 2009
    Posts
    5

    Default Re: J1 Visa Back to Home Country with 2 Years Requirement

    Thanks for the reply.

    I have another question. Since she cannot be issued an immigrant visa, can she apply for a K3 visa and then adjustment of status? Since the K3 is a non-immigrant visa.

    Thanks

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