J1 to J2 and PhD [LucyMO, I need your help please!]

Hi Udy,

Please go through the new rule ONCE line by line. The rule bars J1 to go to J2 and repeat participation , after one J1 next J1. I do not know answers to your questions now. Why your wife can not join PhD program and go on J1. While doing PhD both of you can take USMLE tests.
I do not have much to suggest now.
 
I really don't think your RO understands the system of things at all, your DS2019 should reflect your wife as a dependant, this will make her eligible for a J2 visa. Its actually not up to your RO to determine whether she is eligible for J2 status, whatever makes you eligible for J1 status also makes her eligible for J2 status. Just make sure she is included as a dependant on your ds2019, and leave it up to uscis to determine whether her status can be changed to j2, that of course does not remove the 2yr HRR. She can change status from J1 to J2, F1, F2 etc but not to any immigrant visa or h1b.
 
Udy,

I think you are right that the new rules do not apply to J-1 student status. I did a quick search on the Internet and there appears to be a clear distinction between J-1 students and J-1 professors/research scholars. The new rules that Abhuda cite are probably meant to prevent someone from maintaining a professor or research position indefinitely on a J-1 visa. It should not have any impact on your case. I do not know anything about J-1 to J-2 though.
 
Hello abhuda, bhoray, & running_swede,

I am so thankful for all your efforts!

One last question:
Suppose we meet her tomorrow and she says my wife cannot be listed as my dependent, what should I do next?:
Get a lawyer? Argue with her? What?

Or can anyone send me a link for information I could use to make my case?

Thank you all!
 
Update!

Hi everyone!

I met with my RO this morning.
She insists my wife cannot change to J2, so we are pursuing the PhD route for her. The department has asked her to apply, and we hope they offer her admission ASAP, concerning the grace period, which has 20 days left...

However, the RO is not sure whether she can retroactively grant her an extension to do her PhD, since she did not put in her application before the expiration of her current DS2019.

Does anyone have experience with this? Can the J1 be extended within the grace period, if one did not apply before the expiration of the DS2019?

Thanks again for being there for us!
You guys have been awesome! :)
 
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