Does J-1 visa's two year rule affect filing for K1 visa? 2 Answers as of December 12, 2013

I am a Chinese girl. I went to the U.S. on a J-1 visa during 8/2012-1/2013.My American fiance and I are considering applying for K1 visa so by the time I graduate (6/2014) I can come over there and we can be together. But I notice something on the back of Form DS-2019: Exchange visitors whose programs are financed in whole or in part, directly or indirectly by either their government or by the U.S. Government, are required to reside in their home-country for 2 years following completion of their program before they are eligible for immigrant status, temporary worker status, or intra-company transferee status. I don't know if that actually affects us. Do I have to wait until I have stayed in China for two years before we file for K1?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You have to check your DS form to see if you are subject to the 2 year home residency requirement. If you are, then you can not change status or adjust status until you have either satisfied that requirement or obtained a waiver thereof.
Answer Applies to: California
Replied: 12/11/2013
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Look at the front of Form DS-2019 if it is marked as you are subject to two year home residency. If so, yes you will be affected.
Answer Applies to: Nevada
Replied: 12/12/2013
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