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While in the U.S. with a J-1 visa for my Fulbright scholarship, I met someone (a U.S. citizen) who is now my fiance. We fell in love and really want to get together. Since I was still under a scholarship program, I chose to follow the requirements of the J-1 and returned home on May 14th, 2014 before my visa expired on June 4th, 2014.
Once I returned home, I continue my relationship with my fiance. Now we are on the process of applying for K-1 visa for me to come to the U.S. to marry him. USCIS has approved the I-129F petition. The National Visa Center (NVC) has sent our approved documents to the U.S. Embassy at my home country to process my visa application so I can return to the U.S. and marry my fiance.
When I am filing out the DS-160 form as part of fulfilling the visa application requirements, I got this question: "Are you a former exchange visitor (J) who has not yet fulfilled the two year foreign residence requirement?." I am stuck with this question. My fiance said we should always answer every question with honesty. So, I clicked the answer "Yes" and wrote the explanation. I arrived back home on May 14, 2014. I have been physically staying in my home country for 1 year and 6 months already. It will be two years on May 14, 2016, but my fiance and I already on the process of applying for a K-1 visa. We are almost there. Just need to do medical examination and then visa interview.
I am wondering how my answer will affect the visa application. I saved my DS-160 form, have not finished it yet since I am afraid. I am afraid that there might be a possibility for my visa application would be delayed or denied.
We would really appreciate your help and advice. Please advise of what should we do. Should we proceed with the K-1 application? Or should we extend the I-129F? We want to avoid to do it all over again from the beginning, the separation, and to pay again for petition fee etc. Should we apply for a waiver?
What should we do with the approved 1-129F and the notification from the U.S. Embassy to schedule the visa interview?
Thank you very much.
Kind regards,
Flo
Once I returned home, I continue my relationship with my fiance. Now we are on the process of applying for K-1 visa for me to come to the U.S. to marry him. USCIS has approved the I-129F petition. The National Visa Center (NVC) has sent our approved documents to the U.S. Embassy at my home country to process my visa application so I can return to the U.S. and marry my fiance.
When I am filing out the DS-160 form as part of fulfilling the visa application requirements, I got this question: "Are you a former exchange visitor (J) who has not yet fulfilled the two year foreign residence requirement?." I am stuck with this question. My fiance said we should always answer every question with honesty. So, I clicked the answer "Yes" and wrote the explanation. I arrived back home on May 14, 2014. I have been physically staying in my home country for 1 year and 6 months already. It will be two years on May 14, 2016, but my fiance and I already on the process of applying for a K-1 visa. We are almost there. Just need to do medical examination and then visa interview.
I am wondering how my answer will affect the visa application. I saved my DS-160 form, have not finished it yet since I am afraid. I am afraid that there might be a possibility for my visa application would be delayed or denied.
We would really appreciate your help and advice. Please advise of what should we do. Should we proceed with the K-1 application? Or should we extend the I-129F? We want to avoid to do it all over again from the beginning, the separation, and to pay again for petition fee etc. Should we apply for a waiver?
What should we do with the approved 1-129F and the notification from the U.S. Embassy to schedule the visa interview?
Thank you very much.
Kind regards,
Flo
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