ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

How long has it been since you have been outta the USA after your J1 visa?

Since the one with the requirement...5 years :) but then I had visas in between...3 more..of 4 months
overall..i have more than two cumulative years overseas...only out of moldova too :) I go to school in Bulgaria :)
AUBGERFemaleMoldova2007-04-05 10:32:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

That's right.. the USCIS has no problem with it... they'll be more than happy to approve your petition... However, the State Department at the colnsulate cannot by law issue your fiancee a K-visa until the HRR has either been waived by the State Department or has been completed.

That is exaclty what I thought...but then I'm the pessimst of the famly :) aaaah...it's ok..my debt to society will only continue for a little whle :)
Thank you
AUBGERFemaleMoldova2007-04-05 10:30:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

http://travel.state..../info_1296.html

This page contains info on obtaining waivers for J1's. Scroll down to the bottom and open the next to the last link, which will open a PDF. Go to page 11 and read the first 'Miscellaneous Question'.

Thank you for the link..I hate to be skeptical but Mike needs lower his optimism...I sent him the link and the "proof" that it does not matter if I studied in Bulgaria or not...I have to be in Moldova. However, since I only have to "serve" 4.5 months, I dont think I should apply for a waiver....it might take way more than 4 months...MPGPM was right...
Thank you very much for clarfying my confusion
AUBGERFemaleMoldova2007-04-05 10:25:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

Does the J-1 visa itself show any signs of "subject to 212(e) requirement"? If not, then no problem indeed, but you guys might want to double-check with the consulate, as others here have said.

Yes we will call the consulate...i do have the restriction
The person Mike talked to was someone from USCIS that looked it up and said that i need two year of foreign residence...not necessary in my home country...I dont know
I did try to call the consulate but they dont have am option of talking to a real person
AUBGERFemaleMoldova2007-04-05 04:50:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

Congrats Elena! I hope the information is true and you can leave sooner to be with Mike! :joy:

Thank you Joe
:)
AUBGERFemaleMoldova2007-04-04 23:10:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

I'm confused, so you haven't gotten the J1 just yet? If it is for a summer intership or something then you shouldn't get the HRR requirement on there, you should not need to have it. Unless I have missed something about your situation. . . it sounds like I have. I would be sceptical about having the HRR waived in any situation. But, good luck.

darn no i misread it...thought K1...my J1 visa was issued in Moldova but Moldova does not issue K1 visas...so i will have to do it in Bucharest...man i want to scream
AUBGERFemaleMoldova2007-04-04 17:17:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction

Um.

They don't call it the misinformation line for nothing.

If anyone is going to make a call, I think perhaps it should be you to the consulate who issued the problematic J visa.

mmm..the visa was not issued yet..I'm just hoping to be with my honey sooner than in October...I will ask mikey to also ask NVC and the consulate
AUBGERFemaleMoldova2007-04-04 16:54:00
K-1 Fiance(e) Visa Process & ProceduresHome Residency Restriction
Hey guys...
Well weird news...I'm skeptical and dont believe it...Mike called the USCIS today on the HRR issue...they said it's not a problem
:o :o :o
AUBGERFemaleMoldova2007-04-04 16:30:00
K-1 Fiance(e) Visa Process & ProceduresVSC lose my petition, now I have to refile.

Well,

As I talked about in my other thread, VSC 'lost' my petition when attempting to mail it to the NVC, back in November. We escalated this to our local senator and they eventually admitted it was lost, but they had an electronic record and they would reissue and expedite it.

They just called us back today to inform us this won't happen and we will have to refile. My fiancee was too upset to make sense of the whole thing but they are apparently emailing us some special instructions.

THIS IS SO UNFAIR, because of their screwup I now have to refile my entire petition, regather all the paperwork etc. I have a duplicate of it all in my house in the UK, but I now have to send this over, she has to get some stuff re-signed and so forth.

This is the most upsetting day ever and I have lost ALL faith in their ability to do a damn thing for us.

I am so so sorry :((( This is so unfair
AUBGERFemaleMoldova2007-03-30 14:51:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

If scanning them at a large resolution onto the computer does not work where you can see all the visa stamps, I am hoping someone can come along and add more information to help you. I am sorry I do not know more about it. You know I'd love to help you however I can! :blush:

lol :) u suck at falsifying stuff Joe :)))))))) thank you hun...i will try that


joe,
any ideas on how to sharpen the stamps color so i could actually see the dates to write them down?


Try making a simple black/white copy of the page in the passport, w/ a good quality copier. Sometimes that works to highlight the color in the stamps...since usually the ink they use in the stamps is red, but on a b/w copy it is black and could be more visible.
Just an idea. :)

wow...cool...i will try that too :) feel like a hacker :)))))))))))) thank youuuuu :-P
AUBGERFemaleMoldova2007-03-27 15:02:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Geez...I don't know...maybe if you can scan them at a large resolution where they are magnified on the computer screen. Wouldn't the customs office have a record of all your entries and exits of Moldova that you could request? :unsure:

should be...but who the hell knows? with those guys u never really know
AUBGERFemaleMoldova2007-03-27 14:52:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Elena,

I'm glad to see people that are able to help you out with this situation. It makes me feel good to know hope is always there! :dance:

joe,
any ideas on how to sharpen the stamps color so i could actually see the dates to write them down?
AUBGERFemaleMoldova2007-03-27 14:35:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova :( I only wish I knew :(


Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 days each so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts.


Kinzaza:

I think you should get a 'real' number of months and days you spent in Moldova since coming back from the US on that J-1 with the HRR. You should have a clear idea how much more time you need to be there to meet the HRR. Go to your passport and check the dates stamped on there for every entry and departure.

This is what they do at the consulate to determine if you have completed your 2 yr HRR.

Good Luck & Take care. (F)

Yeah....except my stampt are starting to wash out....:( poor quality Ink ...
THANK YOUUUUUU (F) (F) (F) (F) (F) (F) (F)
AUBGERFemaleMoldova2007-03-27 14:18:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
[/quote]

Dear Kinzaza:

I am sorry you have to hear all this. I think I know how you feel right now. Relax and take a deep breath, okay? :)

The following is my personal opinion. Other friends here may have more comments or better way for you.

If you have spent 20 months in Maldova (accumulatively) and have only 4 months to go, you need to fulfill those 4 months by or after the NOA2 is issued so that your interview date will be after your 2 years are up but within 4 months that NOA2 is valid.

But if your NOA2 would nearly expire, I heard that you could request an extension (That is all I know).

When do you think you can go back to Maldova and stay there for those 4 months? Could it be soon? I don't see your timeline and have no idea where you are on the I-129F journey. If it has already been filed, you should receive NOA2 soon (Vermont, right?). and if you still have 4 months to fulfill, that will be a problem. You won't be issued a visa. I don't know how long an extension is (maybe 3 months per one request) and how many requests for the extension you can ask for.

If you can't go back to Maldova to spend 4 months there soon and the petition has been filed, I would withdraw the petition and wait until I'm close to finish my 4 months and then refile it.


I waited for 19 months to finally be able to file it because of this 2 yr HRR on my back.

I agree with some friends here that a waiver may not be your choice now. It could take a long time to get it if you are eligible (you may be found ineligible). And I have not seen anyone petitioning a waiver after they return to their home country (I may be wrong on this).

Now you have some idea about the J-1 and what you could proceed. Do a lot of research and talking to an attorney probably is a good idea.

We are here to help each other out. I was in the dark also as to what to do as a J-1 holder and the k-1. You are very fortunate that more members here know about it now than in the past when I asked questions about it here. :)

If all you can do is wait, you will just have to take it. But I sincerely hope you don't have to wait long like me. Life sucks at times.

I wish you the best, Zinzaza. :star:
[/quote]
Ok...below is what MPGGPM wrote to me yesterday
[quote name='MPGGPM' post='801775' date='Mar 27 2007, 01:16 AM']I hope you can work things out. I still think there is a bright side to all of this, in that ....1) You have almost served all of your 2 years(it's not like you are just starting)..... 2) You do not need to withdraw your petition. Worst case scenerio, you can let it process normally, and then just postpone your interview, if necessary.

I think you will be fine. :thumbs:[/quote]
Ok...well i guess the only problem there will be is getting a police certificate up to date right before i leave Bulgaria since it's valid for 6 months....another thing i understood is that i can Extend NOA2 as well as postpone the interview date...so the only problem would probably be the police certificates....brrrrrrrrr......argghhhhhh......pfffftttttt
Thank you so much for ur advice....when i put them together i start getting a clear picture ;))))
Oh...I'm waiting for my NOA2 right now...from VSC....NOA1- Feb. 13th....Touch Feb. 22nd.....and dead since then :) So I guess in my case it is better to pray they are gonna take longer :)))))))
AUBGERFemaleMoldova2007-03-27 07:55:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

Hey Kinzaza,
just wanted to say i really sympathy you...
Why don't you try check with our Embassy about your status for the J1?
They are kind of helpful...
And then you could try checking if Moldova would allow you to get waiver
Everyhting best kinzaza :)
Good luck!

Thank you so much. Does MY government have to grant me a waiver?



I am in a hurry and have not read all the responses here.

Find out fast about your J-1 status. If you have not fulfilled your 2 yr HHR, you need to find out if you would be able to get a waiver. Who considers whether or not to issue you a letter of no-objection (which you need to submit to USCIS) is your sponsor (in my case -- my government).

J-1 waiver takes time. i have a web site with a forum like this but i don't remember it now. i'll get back with you later.

Best of Luck, Kenzaza.

Thank you. So i have to submit the waiver to the USCIS as well? i mean when? during my 129 approval or before it gets to the consulate or...omg this is so confusing...and as it was previously mentioned is it worth it?
AUBGERFemaleMoldova2007-03-26 23:23:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Well poop! MPGGPM you're faster than I am!! ;) I had this whole post ready to go, w/ all the same info you posted, from the DOS website..., lucky I previewed before posting.

Kinzaza, you'll be fine don't upset yourself too much! I know 4 months is a long time, especially being far away from the person we most want to be with....but maybe your man can come visit for a while and the time will pass before you know it.

Good luck to you and the OP!

Thank you...good luck to you too...Hope your NOA2 will be approved as fast as it possibly can :)
AUBGERFemaleMoldova2007-03-26 19:35:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Yeah...but then even if I get it they will never grant me an AOS :) and that is when my life would definately get screwd:) especially if I'm gonna have a job or be pregnant or whatever happens...i will have to come back home, do the time and then apply for a K3...I don't think that would be too good :) Thank you for trying to bring good news to light though :)



Trust me......you WON'T get ANY type of "K" visa while you are under the j-1 2 year HRR restriction.

This below was copied straight from the State Dept. webpage.


If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement.

The link is http://travel.state....types_1267.html

I hope you can work things out. I still think there is a bright side to all of this, in that ....1) You have almost served all of your 2 years(it's not like you are just starting)..... 2) You do not need to withdraw your petition. Worst case scenerio, you can let it process normally, and then just postpone your interview, if necessary.

I think you will be fine. :thumbs:

I wish i could just give u a hug for all these..and to everyone that jumped in :) now it is ...hmm...3:22 am and I guess I will have to go and dream of USCIS :) Good night everyone...Let's hope tomorrow brings good news to good people :)
AUBGERFemaleMoldova2007-03-26 19:25:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
To the starter of the thead....
THANKS GOD U POSTED THIS!!!!!!!!!!!!!!! You pretty much saved me by bringing to light what I thought wouldnt be a problem because of the lack of the information I had. I hope my pain has answered your question as well...I wish you the best of luck in Applying and in the Processing of ur visa whenever the time is right
AUBGERFemaleMoldova2007-03-26 19:06:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time


The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.
-P

I see how it works. Man, my head is ready to explode. Ok...so I will concentrate on research this week and file for a waver. If not...well good things take time...just hope he's not gonna find someone else while i'll be staying in Moldova...that would be heartbreaking...Thank you :)


If you truly only have 4 months of time left to serve, I personally would not suggest trying to get a waiver.

That is because , at this point, you appear to have served most of your time.

Not only is a waiver not a definite thing (there are several steps you will have to go through during the process.....and in the end, you may not be eligible for one).........but it can take anywhere from several weeks..................all the way up to a year or more. (I have read of one case where it took 7 years :o

Not saying yours , if you were eligible for a waiver(which you don't know yet....it depends on the US government) ........would take that long. But, it could take much longer than you are probably thinking.

The best thing for you to do is research the issue, as you wrote, and read about the actual process itself. That way, when you gather enough information, if you decide to go foward with it, it'll be your decision. No one should make that for you.

But as I said, with 4 months left for you to serve.............I really don't think it would be worth your while. (Then there are also the costs, time , etc....)
I think when you read about the process, you will agree with me, that at this point, it's not worth it.


Yeah...I think you are right...I'm just gonna make mike come and visit ....women as it is already known are great expenses ... :) I actually thought that a waver could take too long as any Gov. work as a matter of fact...Gotta talk to Mike and to the Lawyer about it...even though our lawyer is 100000000 less useful than VJ :) You're awesome...
AUBGERFemaleMoldova2007-03-26 19:03:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova :( I only wish I knew :(


Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 days each so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts.


Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.


I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time


Those were non-immigrant visas. When you received them, you made an agreement to return. Even with the 2 year HRR...they will still grant them.

Applying for the K-1...K-3....etc........is a different story. They won't grant those. You're not eligible for any type of "K" visa, when you still have the 2 year HRR to serve.


I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....

A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.


Yeah...but then even if I get it they will never grant me an AOS :) and that is when my life would definately get screwd:) especially if I'm gonna have a job or be pregnant or whatever happens...i will have to come back home, do the time and then apply for a K3...I don't think that would be too good :) Thank you for trying to bring good news to light though :)
AUBGERFemaleMoldova2007-03-26 19:00:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time


The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.
-P

I see how it works. Man, my head is ready to explode. Ok...so I will concentrate on research this week and file for a waver. If not...well good things take time...just hope he's not gonna find someone else while i'll be staying in Moldova...that would be heartbreaking...Thank you :)
AUBGERFemaleMoldova2007-03-26 18:12:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova :( I only wish I knew :(


Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 days each so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts.


Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.


I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time


Those were non-immigrant visas. When you received them, you made an agreement to return. Even with the 2 year HRR...they will still grant them.

Applying for the K-1...K-3....etc........is a different story. They won't grant those.


I see....well it's bad news what can I say...I guess I will have to do "time" and try getting an internship at PriceWaterhouse and Coopers or some other accounting firm in Moldova to at least gain experience before I go to the US.
Thank you very much for letting me know. I guess it is better to know sooner than later...Thank you so much!!!! so so so much....You guys are totally awesome and are very helpful and...you're just great.
(F) (F) (F) (F) (F) (F) (F) (F) (F)
AUBGERFemaleMoldova2007-03-26 18:02:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova :( I only wish I knew :(


Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 days each so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts.


Okay...I saw that written earlier, but wasn't sure if you were talking about time spent in Moldova.

It does not seem as dire, the way you put it. The time you spent in Moldova, doesn't have to be continuous..............it can be done in parts.

If you have accumulated 20 months already, then you should only have 4 months or so to spend in Moldova. It all depends on how much they will "nit pick" when it comes to doing your time. I've read of situations, where even though the time served was not a full 2 years.....the visa was granted. But, I wouldn't rely on that to be the norm for all cases.

If you still have time to serve, and your visa reaches the embassy (and it will.....even if all your time has not been completed yet)..............you could always call the embassy once you get your interview date, and postpone it until you feel you've served enough time.


I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time
AUBGERFemaleMoldova2007-03-26 17:47:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova :( I only wish I knew :(


Since finishing your program.....how much time (could be in parts)......have you spent in Moldova?

I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 days each so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts.
AUBGERFemaleMoldova2007-03-26 17:30:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

To Kinzaza,

What is the country you have listed on your DS2019 as the country listed as "Legal Permanent Residence Country" ?

Whatever country is stated there....that must be the country you spend your 2 years in.

Moldova :( I only wish I knew :(
AUBGERFemaleMoldova2007-03-26 17:25:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself


No, I'm sorry, I didn't mean to freak you out!! :no: I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)
If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset. :unsure:

-P


Ok...I did have that restriction... i just checked. It is called Visitor 212e. It's written right on my very first US visa. I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 week each (I dont know if a break counts) so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts. BTW, would that affect my getting an NOA 2? I'm going to Moldova in the middle of May since i'm graduating. The visa is valid for 6 months...so if i wont have a problem getting a k-1 maybe i should just stay in the country for 5 more months (which of course will hurt my career development)...This has NOT been a good day...been crying all the time



Im sorry kinzaza...
do not worry it will be good at the ned...(which sounds so cliche, but it is true:))
try checking it at the Embassy and then with your gov to see if they would "object"
Don'y worry,just check everyhting twice and then think about what you would do..
Good luck :thumbs:


Thank you for being so supportive...Means a great deal to me. I will ask Mike to call our lawyer. I hope he knows what to do.
AUBGERFemaleMoldova2007-03-26 16:46:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself


No, I'm sorry, I didn't mean to freak you out!! :no: I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)
If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset. :unsure:

-P


Ok...I did have that restriction... i just checked. It is called Visitor 212e. It's written right on my very first US visa. I came sometimes on June 17, 2002 and left for Bulgaria at the end of August 2003 so that makes it 14.5 months. Over three years I came on 7 spring/fall breaks of 7 week each (I dont know if a break counts) so that makes it around 2 more months so it's 16.5 months.Then i came for four winter breaks (3 weeks each)...ok...there are 2.5 more months so it's 20 monts. BTW, would that affect my getting an NOA 2? I'm going to Moldova in the middle of May since i'm graduating. The visa is valid for 6 months...so if i wont have a problem getting a k-1 maybe i should just stay in the country for 5 more months (which of course will hurt my career development)...This has NOT been a good day...been crying all the time
AUBGERFemaleMoldova2007-03-26 16:39:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself

Hey Kinzaza,
just wanted to say i really sympathy you...
Why don't you try check with our Embassy about your status for the J1?
They are kind of helpful...
And then you could try checking if Moldova would allow you to get waiver
Everyhting best kinzaza :)
Good luck!

Thank you so much. Does MY government have to grant me a waiver?
AUBGERFemaleMoldova2007-03-26 16:24:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself


Huh? How did you get that?

At any rate I wouldn't disclose that I violated the terms of my visa on a public message board, but that's just me.

I didnt violate anything relax...I just went to study to Bulgaria...R u always that annoying? This is about my visa and i would appreciate for u to keep it quiet if u've nothing to say connected to it...I love a person and wanna be with that person just like you...so please just because i disagree with ur points on a freakin poll stop judging me everywhere else ...u know nothing about me
AUBGERFemaleMoldova2007-03-26 16:08:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself
AUBGERFemaleMoldova2007-03-26 15:57:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.
...

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....


If your J-1 visa does not have the 2 year HRR, then you can receive further visas you are eligible for. I'm confuesed by your post above....did you have a J-1 visa with the 2 year HRR? And you received another J-1 visa while still on the restriction?

It is my understanding that the the 2 yer HRR is placed on those J-1 visa holders that are pursuing studies (usually graduate studies and post-graduate) here in the states that once finished would qualify them as " in high demand" in their home country....or if they receive money from the government to pursue their studies. A lot of times you will see the 2 year HRR on the visas of Medical Students who come to the states to do specialized Fellowhships in their field. Normally an undergraduate student who comes on a summer internship, or summer school does not have the 2 year restriction on their J-1.

-P

Yup....dont be confused...I had a 2 yrs HRR because I was an Exchange student for the FSA-FLEX...Freedom Support Act- Future Leaders Exchange Program sponsored by the American Govnt..and i did still get the Visa for Work&Travel Summer Program
AUBGERFemaleMoldova2007-03-26 11:14:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.

At this point, a J-1 waiver is not for you. She is already back in her country. You (in fact, your fiancee) could have filed for it long time ago while she was still in the US. If granted, she wouldn't have had to return to Poland.

Right now, like the above post said, you can start filing your petition, but you need to do the math. NOA2 is valid for 4 months, so if you file too early, it may expire before Nov 2005 where your fiancee is eligible for a k-1. In other word, estimate time well so that her interview is still within the 4 months of NOA2 and after November 07. I know I sound kind of confusing, but I hope you understand what I'm trying to say.

We had to wait 19 months to file I-129F. He just mailed out the peition this past Saturday. We estimate that it would take about 4 months to get NOA2 (assuming everything goes well and no delay) which would be around late July or August. I would have about a month to apply and gather all required documents in my home country and then schedule my interview, which has to be on September 2, 2007, or later (i entered the country on Sept 1, 2005).

I hope this helps. Start collecting all required documents you need for the petition. My fiance spent nearly 2 months to get everything they need (hopefully he got everything :) )

You may IM me if you would like to talk more.

Good Luck to both of you. You have come close to when she will be free. :)

Ladywhite (F) (F)

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....
AUBGERFemaleMoldova2007-03-26 10:06:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

My Fiancee, came to the United States from Poland on a J-1 visa issued November 2004. After working together for about a month here in the United States we decided to start dating and soon discovered we are true soul mates. She has a 2 year restriction on her visa which forced her to return to Poland November 2005. During the ensuing months we both came to realize that our feelings for each other stayed strong and true. I visited her in Poland from April 22 till May 5, 2006 and again October 2006. During our first reunion I proposed marriage to Moja Kochanie, with the blessings of her family, and she blessed me with her acceptance.

Does anyone have any advice on how best to proceed while she is still on this 2 year restriction? The restriction ends in November and I don't want to start the process just to have the restriction cause us to have to file again once it is over.

Well...I'm not totally positive about it. I was on a j-1 with a restriction a long time ago...but I think you can apply for a waiver in connection to the fiance/spouse related visa. Don't know for sure. As Joe said, try to contact a lawyer.
AUBGERFemaleMoldova2007-03-25 18:35:00
K-1 Fiance(e) Visa Process & ProceduresNot A Great Memory
Lol...yeah...10 year is much better than 28! I bet he can remember the last 10?
AUBGERFemaleMoldova2007-09-04 14:22:00
K-1 Fiance(e) Visa Process & ProceduresWe're so young
I'm 23 and Michael is going to be 22 in a couple of weeks...I have an interview in 1 month. A lot of things are worrying me....except the age smile.gif))
AUBGERFemaleMoldova2007-09-03 02:08:00
K-1 Fiance(e) Visa Process & ProceduresNew and Confused
I agree that it's not true
First and first of all...WELCOME TO VJ
I was so confused the first time I came here but this place has explained stuff to me so much better than even the lawyer we hired (THAT was a waist of money).
Anyways...Hos visits are of no harm to anybody. Just go ahead and apply for the visa. Don't forget to read the Guides of how to do it and stuff. They are extremely clear and helpful
Good luck to you in your journey and welcome among us!
AUBGERFemaleMoldova2007-09-04 15:02:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 question?
QUOTE (udlike2no2 @ Sep 22 2007, 09:25 PM) <{POST_SNAPBACK}>
In Notce type: What do the Vaild dates stand for? mine says 5/07/2007 to 09/07/2007 My so interview is not till way after these date?

It means that during these dates you'll process the documents with the embassy and they will make an interview appointment for you. If i'm wrong please correct me
AUBGERFemaleMoldova2007-09-22 15:28:00
K-1 Fiance(e) Visa Process & ProceduresG-325A
QUOTE (ssulungnamjah @ Nov 19 2007, 06:11 AM) <{POST_SNAPBACK}>
Well, she doesn't have one so on her G-325A I guess it would be None right? And on my G-325A...I'm sort of confused...because I got my citizenship through my parents when I was still a minor and so it's not a naturalization certificate but rather a certificate of citizenship and the number DOES start with an A. However, it's not an alien registration number...yea...so what do I do?

If you're only going through K-1 at the moment just put None for her and none for you....
Later, when you're going to go through the Adjustment of Status you'll have one for her, you're not gonna have one yourself
AUBGERFemaleMoldova2007-11-19 00:22:00
K-1 Fiance(e) Visa Process & ProceduresCheck cashed!
Oh cool
Congrats!
AUBGERFemaleMoldova2007-11-20 12:35:00
K-1 Fiance(e) Visa Process & Proceduresforms in the packet
technically it is a non-immigrant visa but i do believe I had the same form when I received the package this summer. I believe it Is a part of the process and it's signed in from of a consular indee. i did that this october.
AUBGERFemaleMoldova2007-11-26 02:33:00