Skip to main content

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?

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?

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...

+ Read More

Attorney answers 3


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer