J-1 Dependents

Q: What about my spouse and children on J-2 visa? Are they also subject to the 2-year rule if I am subject?

A: Yes, your J-2 spouse and dependent children are also subject to the 2-year rule.

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Q: My J-1 spouse is subject to the 2-year rule and is applying for a waiver. Since I am also subject to this requirement, do I need to apply for my own separate waiver recommendation?

A: No. You are automatically included in your spouse’s waiver recommendation application. Your spouse or parent will need to list you when completing the application for waiver recommendation, Form DS-3035.

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Q: If my J-1 spouse or parent obtains a recommendation for waiver of the two-year home-country physical presence requirement, will it also apply to me, as a J-2 spouse or child of an exchange visitor?

A: Yes. If USCIS grants the waiver to your J-1 spouse or parent, then you will also benefit from that waiver and won’t be subject to the 2-year requirement.

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Q: If my J-1 spouse or parent complies with the –year requirement by staying the home country, will I be relieved from the 2-year requirement?

A: No, J-2 holders have to independently comply with the requirement. If the J-1 holder stays in the home country for 2 years, that would not relieve the J-2 holder from the requirement.

On the other hand, if the J-1 holder receives the J-1 waiver, it will apply to J-2s.

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Q: My J-1 spouse is subject to the 2-year rule, but is not applying for a waiver. May I apply to waive my J-2 requirement by submitting my own waiver application?

A: Generally, you cannot independently apply for a waiver when your J-1 spouse or parent is not applying with the following exceptions:

  • when the J-1 spouse dies;
  • when the J-1 and J-2 spouses divorce; and
  • when a J-2 child reaches age 21.

All such cases are evaluated by the Waiver Review Division on a case-by-case basis.

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Client Reviews
Great immigration lawyer, very professional, knowledgeable and experienced. Jacob always answered my questions, e-mails and calls; great customer service from him and everybody at his office. I highly recommend Jacob, probably the best immigration lawyer out there. Plinio Franca
I trust you know how much all of us at the Spreckels Organ Society appreciate your incredible generosity in providing legal assistance with the visas required by the international artists last year during our International Summer Organ Festival. We consider it an honor that you and your firm provided this service, and were delighted to publicize your firm in our concert materials. George H.
That's good news on the approval of our 3 executive L1A visas. You fought a tough RFE, but we won. We are pleased to be working with you. KB is also bringing passports tomorrow again to the US Embassy in Tashkent for visa processing. We look forward to his arrival to the US. Sarvar
I wanted to thank again and again for obtaining my E1 Treaty Trader visa for me. The process was not easy, especially since our trade was all based on Technology. You knew the law, and was able to craft an outstanding file to be presented to Immigration. We are now ready to take the business to the next level. Toda Raba
Thanks for helping me with my marriage-based immigration case. You were very accessible - taking my calls, returning my messages and emails promptly. You answered all my questions. I was most impressed and relieved that you attended the immigration interview with me and my wife. You made the whole process streamline and simple. You really know your stuff, and you're a nice, friendly guy as well. Shane P.
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