Complicated J2 to F1 then Divorce and Marriage to US Citizen

T

Tec_man

Registered Users (C)
Here goes….

My wife entered the US as J2 (from China). She then adjusted to F1 and went to school. While in school we met and she divorced J1. We have since married. We want to do the green card, but we are trying to resolve the J waiver. Problem is the IAP-66 forms can not be found. We wife is working on an H1B currently. The ex entered on 3 different IAP-66 forms, my wife on two of them. So far one company has been unable to find his file and cannot provide a copy. We are attempting to contact the other two, but it is not looking good.

I am working with my congressman to try to find a way through this and they are talking with some contact at the J-waiver committee. The lawyer I have consulted said we can not do anything without the IAP’s. We are getting nervous that the IAPs will not turn up.

Anyone have any experience with something like this or can provide any help?
Thanks
 
Not sure

We have no idea how she got the H1B. We are both PhD (cant solve anything simple of course). The company she works for applied with knowledge of the situation. It went through. Go figure...
 
Iap-66

This is from http://travel.state.gov/

Q. Where can an exchange visitor obtain copies of his/her lost DS-2019/IAP-66 forms?

A. Your responsible officer or alternate responsible officer of the exchange visitor program in which you participated while on the J-1 visa should be able to supply you with a copy of your lost DS-2019/IAP-66 form.
 
Thanks, but

Hi-
Thanks, we were aware of that. There are 3 IAP's, wife came on two of them. Contacted one company and they cannot find his file. Still working on the other...
 
Besides that, as already pointed by other post, I think you need to figure out how she got H1 w/o waiver.
Is J2 subject to 2 years HRR ?
If so, did she mention about J1 2 year HRR in H1 application ?
if not, why does she need waiver ?
 
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Good points

All good points. I have asked my wife to obtain a copy of the H1 application from her company, hopefully they will release it.

To my knowledge the J1 has fulfilled the two years, before the divorce. The question is whether this will alleviate her from the waiver process.
Thanks for all your comments... keep 'em coming.
 
It will not waive her 2-year HRR because she divorced from the J-1. We just got a denial for my wife's green card because we did not file the waiver (even though the immigration office itself told us before we filed that she did not need it and her divorce nullified the 2-year HRR). We are currently taking steps to file the waiver through a "No Objection" letter from her country's government. We are also planning to go through an Immigration Judge per the denial letter's statement that we may do so.
 
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