QUESTION
Can I get a fiance visa if I had a J1 visa and just stay in my country for a year?
Asked on Oct 18th, 2015 on Immigration - Virginia
More details to this question:
I was in US with a J1 visa for a year and 8 months and now my fiance (american) want to send the request to give me a fiance visa, but I dont know if I will have a problem because I have been in my country for a year and I read I will have to be here for two years to apply for other visa.
1 ANSWER
you will not be able to obtain a fiancé visa until you either complete the two-year home residency requirenent or the requirement is waived. The fiancé visa process is two-step. The first step requires your United States citizen fiancé to file a petition with USCIS. The second step requires you to apply for the actual visa. Given current processing times, your fiancé may be able to start the process for you now. I encourage you to work with an experienced immigration attorney as obtaining a fiancé visa is not simple. You can read more about the process at http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/family-immigration.
Answered on Oct 19th, 2015 at 5:07 AM