Do I need a J1 Waiver for a K1 visa? Or Can we get married in my home country and apply for a CR-1?

Asked over 1 year ago - Kent, WA

I have already returned home from my J1, and have completed 10 months of my 2 year agreement. I don't want to wait another 14 months before I see my Fiancee again! What can I do?

Additional information

I already applied for a No Objection waiver. It was approved by my government, but we have been waiting on the letter from the Sponsor since Feb 15th; but we can not figure out who the sponsor is. Everyone we contacted has denied that they are the sponsor and directed us to someone else who also denied that they are the sponsor. The CCID program denies it, as well as anyone in the Hubert Humphreys Fellowship Scholarship program. The Departement of State should know who they sent the Sponsor letter to, but it's as if they don't actually know who it went to...

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . You cannot obtain a K-1 visa without getting a J waiver first.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . You will not be able to adjust your status to green card holder or even fiancée visa UNTIL and UNLESS you first obtain a waiver of the 2 year foreign residency requirement.

    Open your purse and hire a lawyer in the US to help you with the process. You will not be able to succeed on your own. Even with a lawyer there are no guarantees, but you'll stand a much better chance than if you were to try on your own.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Gen Kimura

    Contributor Level 18


    Lawyer agrees

    Answered . You must meet the 2 years foreign residency requirement, or your waiver application must be approved.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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