J-1 2 year Residency Requirement and K-1 Fiancee Visas

An exchange visitor (EV) may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act (INA), for one or more of the following reasons:

• The EV’s participation in an exchange program was funded by the United States Government, EV’s own government, or an international organization.
• The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV’s country.
• The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

If you are subject to the two-year foreign residence requirement, you may not change your status to K-1 or K-3 until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.

If you are not sure whether the INA 212(e) two-year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of INA 212(e) to your situation. The advisory opinion request should include legible copies of every/all DS-2019/IAP-66 ever issued to you, along with a self-addressed envelope, and should be sent to:

INA 212(e) Advisory Opinion Request
The Waiver Review Division, CA/VO/L/W
SA-1, L-603
U.S. State Department
2401 E Street, NW
Washington, D.C. 20522-0106

This entry was posted on 26. October 2009 at 19:09 and is filed under J-1s and Fiancee Visas. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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