j2-h4-h1

[docboston]

Hypothetical question:
My wife who was on J2 became H4 when i got my waiver. Now she is on H1, pursueing her independent NIW.
Suppose the state determines that I am not in compliance with their waiver regulations and decide to cancel the waiver. Would she fall out of status too?

 

[hadron]

If she has a I485 pending by her own merits, I would think that her status from that wouldn't be affected immediately. If I remember correctly, the J2 spouse can pursue her own GC once you start the waiver and even complete the entire process before the J1 (primary) gets his waiver finished. It could be a problem if she got an RFE where she has to proove that you either completed your waiver or are in good standing.

 

[m_img]

On the waiver for J2 spouse, I think it states the waiver condition is removed. The way I understood if primary J1 defaults, he/she will have J1 HRR imposed again... But the condition on spouse will not be imposed.

If spouse is on H1 already then if primary J1 defaults, spouse will stay on H1 and will not be out of status, you as primary J1 will be out of status. If the spouse was on H4 then both of you will be out of status because your H1 was revoked.

And J2 spouse could get NIW and GC... but J1 primary if defaulted on waiver will not be beneficiary of GC.

I'm not sure if you as primary J1 waiver defaulted, can you become H4? My guess would be not.