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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 support@tnvisaexpert.com 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