2 year foreign residency requirement

[chitown75]

What is the name of your state? IL

My fiance was here on an visitor exchange program as a intern from Seoul. I'm pretty sure she was subject to the 2 year residency requirement because she got paid.
She went back Jan 2007 so shes been back in Korea for about 7 months so far. We're getting married in Korea in Mar 2008 and she wants to come back as H4. I know you cannot apply for H visas until the 2 year requirement is fulfilled while you are in the US, but if she is in Korea can she apply for H4 in March and then come back to the US after the rest of the 2 year residency is completed?

 

[ImmigAttyLana]

Just because she was paid is not an indication that she is subject to the 2yr HRR. You need to check her DS2039 form to make sure whether she is or she is not. If she is, she is not eligilble for the H-4; but if she is not subject, then she can get the H-4 without any issues.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.