spouse of citizen

[Joo77]

This question is posted for one of my best friend who just got US citizenship. The problem is his wife's status. His wife is holding J1 visa here in US and she cannot get waiver from her original country (China), because she did not stay in China for 2 years after her first J1 stay in an European country. So she cannot transfer to other visas without leaving U.S. They got married a year ago.
I am asking what options my friend (now a US citizen) has to keep her wife here in US?
Many thanks!

Joo

 

[cherr1980]

It is my understanding that the one who gives the J1 waiver is the Department of the State unless there is another rule for China.

You or your friend would like to check this:
http://travel.state.gov/visa/temp/info/info_1296.html

Click in the part of "Eligibility and Application Procedures" that give you an overview and then explain the different grounds that a person can apply for a waiver, the number 4 applies to her.

She cannot apply for adjustment of status until she gets the waiver that make the exemption of the 2 years residency condition even if she is a spouse of a US citizen. For further information about adjustment of status (since she is within the US) go to www.uscis.gov

 

[Joo77]

Thanks, Cherr1980.
It looks number 4 ground for the waiver can be a choice. However, Just do not know how difficult to establish the "exceptional hardship". It sounds the bar is quite high.

Is that ture that if she go back to China and stay there for 2 years, then she will be eligible for the green card? How hard is that process?
Sorry if these questions are very basic. Thank you.

It is my understanding that the one who gives the J1 waiver is the Department of the State unless there is another rule for China.

You or your friend would like to check this:
http://travel.state.gov/visa/temp/info/info_1296.html

Click in the part of "Eligibility and Application Procedures" that give you an overview and then explain the different grounds that a person can apply for a waiver, the number 4 applies to her.

She cannot apply for adjustment of status until she gets the waiver that make the exemption of the 2 years residency condition even if she is a spouse of a US citizen. For further information about adjustment of status (since she is within the US) go to www.uscis.gov

 

[cherr1980]

I think in this same portal there are a part of waivers and you would like to check that out how is exactly that your friend must explain so the waiver gets more chances to get approved.

I don't quite understand what is her status. She is in what type of visa? is she still in J1? You said that she did not get back to China instead she stay in an European country...so I don't know what is her status and what happened if the person does not go back to their country after finalize their J1 status.

In general the residency process is not complicated unless of course there are issues that can become a problem.

It is important to know what is her status right now in the US or she overstay for more than 180 days, because if that so, if she gets out of the country then she will be bar for 3 years and so on depending on how many days she was out of status.