J2 Visa and the 2yr home residence rule

CU10250

New Member
Can J-1 visa holder apply for J-2 visa for his/her spouse while he/she is in the process of getting a waiver for the 2yr home residence requirement? If it is possible, would his/her spouse (J-2 visa holder) be subjected to this 2yr home residence reqruiment once he/she is granted the J-2 visa?
 
Can J-1 visa holder apply for J-2 visa for his/her spouse while he/she is in the process of getting a waiver for the 2yr home residence requirement? If it is possible, would his/her spouse (J-2 visa holder) be subjected to this 2yr home residence reqruiment once he/she is granted the J-2 visa?

I assume you've not finished residency... if that's the case, you can apply for J2 for spouse.

HRR does not kick in until you enter into USA. Just getting visa will not have any HRR. Yes, if your enter USA on J2, you're subject to HRR.

But, when you get your waiver approved, J2's HRR will also be removed.

It depends how far are you with your waiver and your circumstances, it would be better you get waiver and apply for H1 and H4 for spouse using premium processing.
 
Thank you M_img.

My another question is what if the spouse was a J1 visa holder in the past but already received a J-1 visa waiver (favorable recommendation) and no longer subject to HRR. Would that causes any trouble for him/her to apply for J2 visa in the future?

I guess what I'm also curious is that would the favorable recommendation on the waiver prevent anyone to reapply for the J1 in the future (with the different sponsor organization)? -- just curious since I can't seem to find any information about it anywhere. Of course, nobody wants to go through the process of applying for J visas and the waivers twice.
 
Thank you M_img.

My another question is what if the spouse was a J1 visa holder in the past but already received a J-1 visa waiver (favorable recommendation) and no longer subject to HRR. Would that causes any trouble for him/her to apply for J2 visa in the future?

I guess what I'm also curious is that would the favorable recommendation on the waiver prevent anyone to reapply for the J1 in the future (with the different sponsor organization)? -- just curious since I can't seem to find any information about it anywhere. Of course, nobody wants to go through the process of applying for J visas and the waivers twice.

If the spouse got waiver and/or favorable recommendation, it is very difficut if not impossible to get another J (either 1 or 2) because he/she show intent to immigrate. And usually those cases will be denied J visa on site. Waiver means you have to find sponsor for H or GC
 
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