How to apply a J-2 waiver independently? Please help!!

[xuyinghui]

I have consulted two lawyers, but I still don’t have the answers.

I originally came to the United States as a J-2, then studied as an F-1. I am currently working with an H-1B and having a pending I-485. My husband was the original J-1, and he has fulfilled the two years in China, while I haven't. I called Chinese Embassy that they were not authorized by DOS to provide “No Objection Letter” for a J-2. Does anyone have the same experience and know how to apply a J-2 waiver independently?

I know DOS still consider me subject to the two-year rule. Thank you very much in advance.

[aloha412]

Hi, I am probably have same situation like you, but a little bit different, because J1 is my father and back china no longer living with me. If your husband (J1) is no longer live with you, you could try the following ways that I found.

After a lot of research, there are two ways:
- sometimes DOS can sponsor a J-2 as IGA for independent waiver. I found at least two cases posted online trying to do this way. At least one case was successful.
- I am using another approach - Advisory Opinion. I am in the process of this, not sure about the result. My lawyer does say his firm handles a lot of the similiar cases and all approved. If you want the contact, you can email me jennyhawaii@gmail.com

Good luck