CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce, I-130, and I-485 Green Card Process
NATIONALITY: Filipino
LOCATION: New Jersey
Our client is a Filipino national who came to the U.S. on a J-2 Visa. He came with his ex-wife who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas. (Please read the article below for more details about J-1 Waiver and 2 year foreign residency requirement).
He got divorced from his wife and later on thought of marrying his U.S. Citizen girlfriend. He consulted with our firm on whether he can apply for a green card upon marriage. We told him he could not because he is still subject to the two-year foreign residency requirement. We first had to do a waiver of this requirement. Our firm was retained to do this J-2 waiver on April 7, 2010. On April 9, 2010 the J-2 Waiver was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client is divorced from the J-1 visa holder. On April 28, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 28, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement.
After our office got his waiver, our client got married in a few months. Our office then filed the I-130 Petition, I-765 Work Authorization Form and I-485 Adjustment of Status Application on September 3, 2010. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On November 10, 2010, our client got his work authorization card from the USCIS.
In early December, Attorney Sung Hee (Glen) Yu thoroughly prepared our client and his wife for their upcoming USCIS marriage interview. We prepared our clients with potential questions at the interview. On December 9, 2010, our client was interviewed in Newark, New Jersey. Attorney Sung Hee (Glen)Yu accompanied the clients at the interview as well. After the interview, on the same day, the USCIS officer granted our client’s adjustment of status application. Our client finally is now a green card holder.
Pursuant to federal immigration law, our office first obtained a J-2 waiver for our client before we filed the I-130/I-485. Our client’s J-2 waiver was approved less than two months after we filed it. Also, it only took three months for our client to get his green card once we filed client’s I-130 and I-485 applications simultaneously.
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