Will I need to meet HRR

[gdane]

Hi, I'm in US on a J2 visa, and we're subjected to the 2 year HRR. My wife, the J1 visa holder, was a PR of Singapore at the point of submission. Therefore, she will need to go back for the HRR in Singapore.

I've recently been granted PR in Australia. Do I need to satisfy HRR as well, or only the J1 is required to? I was an Indian citizen during her application. Does that mean I will have to be in India for HRR?

Please help ...searching for the best avenue on this. We're planning to return to the states, by the way...

Hamsan

 

[jk0274]

If you are a J-2 and have never been a J-1, you still are subject to the HRR as you know. Technically, you must fulfill your HRR in whatever country stated as "Country of Permanent Residence" on YOUR own J-2 DS-2019 form (which may or may not be the same listed on your wife's DS-2019). Note, the country that matters for HRR fulfillment is Country of Permanent Residence (where you last lived and worked prior to obtaining your US visa, as listed on your DS-2019) not Country of Citizenship.

Since it appears your wife will not apply for a waiver, this becomes tricky since J-2s may not apply for waivers by themselves. Although I'm not a lawyer, I can safely assume (and only assume) that if your wife fulfills her HRR, nobody will come after you for not having returned to India for your own HRR (assuming your DS-2019 lists India as your country of PR). Perhaps you should consider applying for a waiver anyway, even if your wife intends to return, just to be on the safe side when you return to the US, since her getting a waiver will apply to you as well. Even if it takes 2 years to obtain a waiver (while you're abroad), having one in hand will help avoid any problems with your unmatching citizenships. Is there any reason a waiver is out of the question?