J-i visa status?

Question

hi,can anyone on a j-1 visa get a waivor if he/she get married to a person on h-1 status?pls reply ASAP. THNX.

Answer 1

I think you'll find that the wording of section 212(e) would not help a J-1 to receive a waiver of the 212(e) two-year foreign resident requirement.

As you know, no alien admitted as a J-1 who is subject to the two-year foreign residence requirement shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States.

A waiver of the requirement is available to a J-1 who can prove departure from the United States would impose exceptional hardship upon the alien's spouse or child if such spouse or child is a citizen of the United States or a lawfully resident alien. As your spouse is not a U.S. citizen or lawful permanent resident, the waiver would not be available to you.