J1 Visa with 2 Year Rule and US Citizen applying GC for spouse

K

kumsakthi

Registered Users (C)
Hello I am a naturalized US citizen and my wife is an Indian citizen and did her PhD from Germany and her current visa status in US is J1. We are currently in US and I am planning to apply Green card for her.


After my wife completed her PhD, she first entered US on J1 Visa directly from Germany. When she got her visa stamped in Germany and it is mentioned as “TWO YEAR RULE DOES NOT APPLY” but she had to go to India for personal reasons in 2009 and had to stamp J1 Visa again in India and in her passport stamping, it is mentioned as “TWO YEAR RULE DOES APPLY”

Please advice if she is subject to 2 year rule or not and whether it would affect the green card processing or will it affect the timeline of getting the Green card.

Also in Green card application questionnairre there is a question:
"Have you EVER been a J nonimmigrant exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?"

Please advice what should we do and how to proceed further

Thanks!
 
Was the J1 visa with "TWO YEAR RULE DOES APPLY" pursuant to the same program as the original one that didn't have the restriction? In other words, if she didn't apply for any change or extension of status after getting the original J1, and didn't go to India in 2009, would her original J1 have allowed her to stay in the US until now?

When did she get the first J1?

If both visas were pursuant to the same program, with the visa stamping necessary only because she left the US and not because of I-94 expiration, it looks like there was a mistake on either the original or the second stamping.
 
Assuming that her "TWO YEAR RULE DOES APPLY"... Would it be fine to apply for her GC as a spouse of US Citizen or would she be facing any issues and if so what needs to be done to get her the GC

Thanks!
 
I think she has to leave for 2 years! Try the waiver application! Hopefully they might accept it. My brother was same situation, he applied for waiver and got it!
 
adnanusa said:
I think she has to leave for 2 years! Try the waiver application! Hopefully they might accept it. My brother was same situation, he applied for waiver and got it!
Click to expand...

To whom we should apply the waiver? Is it to the Indian Govt or US Dept of State?
How long it took to apply for the waiver and get it approved.

Please suggest...
 
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