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Am I subject to the 2 year foreign residency requirement? I have a J1 visa and my husband is starting my spouse visa application.

Answer:

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Before starting your K3/CR1 spouse application, it is important to know whether the 2 year foreign residency requirement applies to you.

To check if you need to complete the 2 year foreign residency requirement check your J visa. If it the “subject to two year rule” box is checked then in most instances you will need to wait.

You may be able to apply for a J1 visa waiver to get an exception for the (phyical presence) requirement.

This applies to K1 fiance visa applicants as well.

Contact us at if you wish to find out what options you have.

Submitted by: Lydia G. of Seattle, Washington, USA

More K3 Spouse Visa Questions: Understanding J1 Visa Two-Year Residency Requirement