J2 to LPR

K

kblacwell

Registered Users (C)
What is the best course of action in this situation:

A friend came here on a J-1 visa. He applied for his spouse who finally showed up with a J-2 visa.
They are getting divorced. The J-1 holder applied for and received a waiver.
The J-2 holder is still in limbo because she is getting divorced.
SHe wants to know if she can get a green card if hse stays here, out of status and eventually gets married to a USC.
 
Her life will be a lot less complicated if she can get a copy of that waiver for her records. It will make things less complicated for future USCIS application, especially if her divorce is not yet finalized.

As for LPR, yes, there is always a way to get it done. However, if she falls out of status, that's where a lawyer would be the most help, even if she has a USC lined up already.
 
once J-1 gets a waiver, it applies to all of the J-2s in his family that are also subject to HRR because of him. I wonder if J-1 listed J-2 in his waiver application...
 
The waiver applies to her whether her husband likes it or not, so she's no longer subject to the 2 yrs HRR. But once the divorce is final the J2 can no longer apply to her.

Every thing else is a differnet ball game (GC, marrying, etc...), the bottom line is that the waiver applies to her.

Getting out of status is not a good idea...There are better options to doing it right (leave then come back to marry, change status to tourist or others using the divorce as reason, marrying right after the divorce, etc...).




kblacwell said:
What is the best course of action in this situation:

A friend came here on a J-1 visa. He applied for his spouse who finally showed up with a J-2 visa.
They are getting divorced. The J-1 holder applied for and received a waiver.
The J-2 holder is still in limbo because she is getting divorced.
SHe wants to know if she can get a green card if hse stays here, out of status and eventually gets married to a USC.
Click to expand...
 
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