j to h4

perry_87

New Member
This question is on behalf of my fiancé.
She and I are both Indians nationals. I currently work in the US on an H1B visa and she works in Singapore, holding a Singapore PR issued in June 2009.
She went to Singapore for her Dual Masters program in August 2007. And as a part of her program came to the US as an exchange visitor on a J1 visa for the period from Jan 2008 till Jun 2008. She got her J visa from US consulate in Singapore and was holding a Singapore Student pass at that time. She then went back to Singapore from the US in Jul 2008 and has been there since. The problem we are having is that her J1 visa was subject to the 2-year home residence requirement Section 212e.
We are planning on getting married sometime around June 2010 after which she would like to move to the US on an H4 visa. But since she has stayed in Singapore and not in India all this time, we are worried that she might have to apply for the HRR waiver, even though she would have completed her 2 yr stay outside of the US in June 2010. Can you please help me figure out if the waiver is necessary? And also point us in the right direction.
Please let me know if you need more details.
Your help is much appreciated.
Thanks,
 
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