Hi,
My boyfriend's kept saying there's nothing we can do for him to return to US to be married here because he had a J-1 visa. I'm optimistic that there's got to have a way. He has a 2 year home residency obligation. One year has passed, but since I'll graduate next May, I want him to come back and be married here right after. Is he eligible to get K-1 visa? I'm in Mid-West. Thank you.

With the J-1 two year home residency requirement, the first step is always to confirm that he is indeed subject to it. Sometimes someone may think he is subject to it but actually is not. Presuming, however, that he is subject to it, he may be eligible for a waiver. If not, he has to fulfill the home residency requirement before returning to the US.

The fact that he is subject to the waiver, however, would not prevent you from filing a K-1 petition before he has completed his 2 years. The K-1 petition is the first step in obtaining a K-1 fiancé visa.

If you or your boyfriend would like me to more fully examine his situation and your options, please contact my office directly to arrange for a consultation.