Noone has really responded in the spouses forum, so I'm posting this here as well.....

I have absolutely no idea about how to approach this topic, as I'll also post it in the immigration section. My fiancee's visa to the US, a J-1, expired two, almost three months, ago now, where we weren't ready to be engaged at the time and didn't file a I-129F petition for visa for fiancee application. I'm wondering if his J-1, two years in home country, section of this vias will make him inelligable for the K-1 visa application through the I-129F petition. Does anyone know if we have to go ahead and get a waiver form right away, where he's inelligable? Or will they automatically waive the features of the J-1 and allow for processing of the petition?