CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Vietnamese
LOCATION: Michigan
Our client is a citizen of Vietnam who initially came to the U.S. on a J-2 Visa in January 2012. She came with her ex-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. Our client has a U.S. citizen fiancé who was willing to file an I-130 for our client after their marriage, but our client will not be able to file an adjustment of status application without the waiver of the two-year foreign residency requirement.
She contacted our office, and our firm was retained for her J-2 waiver. On July 22, 2015 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 was divorced from the J-1 visa holder.
On August 21, 2015, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On September 24, 2015, the USCIS issued the I-612 waiver approval.