Never seen this info online before - J2 spouse of J1 who fulfilled 2 year rule needs no waiver, even if J2 didn't spend 2 years in home country

[Practically89 1]

Hey everyone,

 

In 2017 I moved to the US on a J-2 visa as the spouse of a J-1 holder. In 2019 we both returned to our home country and divorced that year. My ex husband remained in our home country for 2 years as required, while I moved to a third country and did not actually spend 2 years in my home country.

 

In 2021 I married an American and moved to the US. I applied for a waiver based on a no-objection statement I received from my home country's embassy. The DOS returned this letter, saying essentially that since the J1 fulfilled his 2 year home residency obligation, the J2 does not need a waiver. However they still left me the option to send them my divorce documents and get a waiver recommendation.

 

When I applied for my waiver, I couldn't find any source online saying that a J2 is not bound by the rule if the J1 has served his term. This is the first time I see this and thought it might be useful to others, so I post it here.

[Crazy Cat 41,850]

"In 2021 I married an American and moved to the US"

From what status are you trying to adjust?  On what  basis did you enter the US this year? 

You might want to fill in your timeline.  Thanks.

Edited September 22, 2021 by Crazy Cat

[Coco8 1,042]

Oh, I didn't know either about the divorce rule. It should definitely be useful for others.