CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Kenyan
LOCATION: Texas
FILED: August 23, 2012
DOS RECOMMENDATION: September 24, 2012
APPROVED:
Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in 2002. She came with her husband who held a J-1 Visa as a graduate 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 lost her J-2 status and she was still subject to the two-year foreign residency requirement.
She remained in the United States and fell in love with who would be her current U.S. Citizen husband. They got married in July 2012.
He wanted to file an I-130 petition for her, but she could not file for adjustment of status because of the 2 year foreign residency requirement.
In August of this year, our client’s relative contacted our office. She wanted us to help our client obtain a waiver so she can eventually file for her green card.
Our firm was retained to do her J-2 waiver on August 16, 2012. On August 23, 2012 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 September 24, 2012, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On October 10, 2012, the USCIS issued the I-612 waiver approval.
Now, our client’s U.S. citizen husband can file an I-130 petition for our client and our client can file her green card application with the waiver approval.
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