CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Taiwanese
LOCATION: San Jose, California
Our client is a Taiwanese Citizen who came to the U.S. on a J-2 Visa in 2010. She came with her husband who held a J-1 Visa as a Ph.D. student. Both were subject to the two-year foreign residency requirement.
Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She was still subject to the two-year foreign residency requirement, and she would like to change her status in the United States. Until she gets a waiver of the 2-year foreign residency requirement, she cannot change her status in the United States.
She contacted our office, and our firm was retained to do her J-2 waiver on August 28, 2015.
On September 1, 2015 the J-2 Waiver Application along with Form DS-3035 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 was divorced from the J-1 visa holder.
On October 9, 2015, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On November 4, 2015, the USCIS issued the I-612 waiver approval.