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chchch

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My husband has discard me and my daughter! I am J2, my DS2019 will expire at 6/30/2007. My child want stay at USA. How can I do? What can I do?
 
chchch said:
My husband has discard me and my daughter! I am J2, my DS2019 will expire at 6/30/2007. My child want stay at USA. How can I do? What can I do?
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The J2 can apply for waiver under special circumstances as posted in the DOS web page e.g death of J1 principal or divorce. Death or divorce certificate should be submitted with application. But even if you get waiver and you did not secure a sponsor who give you H visa or green card for example, the waiver is useless and you will be out of status after expiration of your visa. You can not say for example my son wants to stay in US.
 
she didn't ask about a waiver. She is just asking what to do.

The answer depends on what you want to do and whether you have HRR (home residency requirement). After you tell us more about your situation, we may explain your options better.
 
thanks for reply

Now I am J2 visa. I have not job. My child is 9. We want stay in USA. Except for married with somebody, any other method?
 
until you divorce and if your husband is still in J-1 status, and you and your child have valid DS-2019 - you are here legally.

You still didn't tell us if you are subject to 212(e) - home residency requirement. If you are, that limits your options severely.

Once the divorce is final, you will be out of status (child will still be in J-2 status), unless you get a different status.

Are you subject to HRR?
 
Thanks for Lucymo,
Yes, I am subject to HRR. My pre-husband's weiver is still pending.Any way to aviod back home?
 
chchch said:
Thanks for Lucymo,
Yes, I am subject to HRR. My pre-husband's weiver is still pending.Any way to aviod back home?
Click to expand...

This is a frequent repeated question from almost all J visa holders with and without 2 yr HRR. The straight forward way (because you mentioned not to marry an American) is to get the waiver from your J1 principal before the expiration of your status and find someone (employer) to sponsor you another visa (mostly H) and during that time you should find some way or another to get the green card, or your H will also expire at certain point and you return to the zero point again.
 
if your husband gets a waiver, so do you - pretty much automatically. Do try to get a copy of it from him. If unsuccessful, you could probably request a duplicate directly from the Service center, but you'd need to know his case number.
 
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