Propper and Impropper J-2 method and missing IAP-66 forms

Tec_man

Registered Users (C)
Propper and Impropper J-2 waiver method and missing IAP-66 forms

Hello Everyone-

I wanted to provide some info as it might help those in need. My situation is as follows.

My wife is from China. She came in on a J-2 Visa, later switched to F-1 to go to grad school (that’s how we met). She then divorced and we got married. She went on to get a job (OPT initially) then applied and received an H1-B Visa (which I understand she should NOT have been able to get).

We went down the path of green card and had to deal with the J issue as it was subject to two year rule.

First problem is that she did not have the IAP-66 forms. I contacted my local congressman, whom contacted the J waiver board and I was informed that a letter from the program sponsor (look for the responsible officer at the company) stating that her husband attended, including the dates of the program and the program number. These took forever to get from the companies and required a great deal of tactful persistence.

Next we started down the waiver process with a lawyer. The first approach was the no-objection route. We filed everything and went after the no objection letter. We discovered later that China does not provide a no-objection letter to J-2 holders.

From there our lawyer decided to go the ‘hardship’ approach. Based on everything I read this was not winnable for us. I then started emailing every lawyer out there. I was referred to a lawyer whom is a J-1 hardship expert (he only does J-1 hardship cases), therefore an expert on the law.

In my discussion with him I learned a few things. A no-objection approach or hardship approach to a J-2 waiver is a futile effort as this is not the way to handle this. It used to be that the J-2 was not subject to the two year rule, but somehow a 2 year HRR became the practice throughout the murky history of J-2 cases and now is accepted as the standard.

The bottom line is the proper way to apply for this waiver is through the ‘interested government agency’ route. This is applied directly to the state department. He expects that this will take 2 to 4 weeks for approval after the submission of the paperwork, but then you all are aware of bureaucracy if you are on this board.

I am not sure if it is appropriate to mention lawyers on this message board, but I must say this guy knows the J-1 law inside and out.

I hope this helps some of you out there and I will let you know how our approach turns out.

Best of luck!
 
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I'd say finding an interested govt agency is the hardest part.

Is she subject due to the ex's government financing, medical training or skills list?

in any case, I think it will be easier to get a waiver for her, since she was J-2, and didn't directly "benefit" from J-1 program, and in theory, didn't not gain the exchange experience to share (unlike J-1).

Did her ex-husband get his waiver by any chance?

I'd try going the hardship route, and at the same time I'd be looking for an IGA.
 
Hi Lucymo-

Actually from what the lawyer told me, the J2 waiver is very specific. The interested government agaency will be the State department. I was told this is really the only 'correct' path to accomplish this.

And no the J-1 did not get waiver, he is back in China.

I will post updates as I have them.
 
I don't see how J-2 waiver would be "very specific". If anything, it should be easier to get a waiver for J-2 than J-1.

Did the ex fulfil his HRR?
 
Hi Tec Man,

Well I am in a similar situation. Had a j2 visa in the past, now on F1 visa.

I had applied for no objection route.I received all the letters and no objection certification from my country but the decision from the State Department was " Ineligible to apply under this catgory".
And I was still on j2 visa when I applied for the waiver.I applied on the grounds of separation and not divorce.

However, I received a letter from the State Department that they would act as IGA and give a waiver if I submit the necessary paper work along with my divorce papers.
I have submitted everything in mid December and havent still received a case number yet.
Just waiting and hoping for the best.Please keep me informed about your wife's case and I will do the same.Thanks for sharing your experience.
 
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