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Immigration Q&A - June 13, 2010
J2 Visa Holder Divorce
I'm a J2 holder. I plan to file for a divorce and would still like to stay in the US. We’re both subject to the two year requirement because he is on the skills list. Am I still subject after we divorce? If yes, can I still get a waiver or can only my husband apply for it?
Unfortunately, you will still be subject even if you divorce your husband. In most situations, only the J1 visa holder can apply for a waiver but in cases involving divorce or death of the J1 visa holder, the J2 visa holder can apply for a waiver independently.
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