QUESTION

Can I waive the two-year physical presence based on my marriage case?

Asked on May 22nd, 2017 on Immigration - Georgia
More details to this question:
I am a research scholar with a J1 visa subject to two-year home residency. I am to marry a US citizen. I have heard if I have someone (for example my wife) in US whose life is really dependent on my physical presence then I am given a waiver. It should be mentioned that she has a physical disability. Does it facilitate getting a waiver? If I don’t succeed in getting a waiver, am I allowed to stay in US based on my marriage case? Although I have married a US citizen, I am allowed to stay in US as long as my DS-2019 is not expired because my visa is subject to two-year rule. I guess I can stay based on my marriage but I am not eligible to get a green card unless I either get a waiver or satisfy the two-year physical presence, right? I am looking forward to hearing from you about this really important situation.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
A foreign national who is subject to a J-1 two-year home residency requirement is not eligible to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), such as through a marriage-based application, unless (1) the two-year requirement is waived, or (2) the two-year requirement is satisfied. It is possible in some instances, but not all, to succeed with an application for waiver of a two-year home residency requirement, and often this is based upon the source of funding associated with the J-1 visa. So long as a foreign national remains in valid J-1 nonimmigrant status he/she may remain lawfully present in the U.S. Marriage to a U.S. citizen does not, by itself, authorize additional lawful presence (or employment) in the U.S. Especially since you (justifiably) consider this to be a really important situation, there really is no substitute for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Aug 10th, 2017 at 5:54 PM

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