Q: Got married on a tourist visa. I had a previous J-1 that I didn't complete the 2-year home residency. Do I need a waiver
I am Brazilian and I am currently in the United States on a tourist visa (I entered on July 2, 2023), and after 90 days, I married a U.S. citizen (on October 4, 2023). We are in the process of filling out the green card forms, but a question has arisen. In 2021-2022, I came to the U.S. as a J-1 visa holder to pursue part of my doctoral studies here. After a year of study, I returned to Brazil (in September 2022) to complete my degree. I was subject to the 2-year home residency requirement, which I did not fulfill. I understand that I would need to complete it if I wanted another student/work visa in the U.S. But since I married on a tourist visa, would this 2-year requirement still apply in this case? My country has no objections as I have already completed my degree.
A: You need to get approved for a J1 waiver based on no objection from your home country in order to be approved for adjustment of status based on marriage to a US citizen. I suggest you work with an immigration attorney.
A: If you were subject to the 2-year home residency requirement under the J-1 visa program, you are generally required to fulfill that obligation or obtain a waiver before adjusting status or obtaining another visa in the U.S. Marriage to a U.S. citizen does not automatically exempt you from this requirement. Even if you're seeking an adjustment of status based on marriage, the 2-year home residency requirement can still be a barrier. You can, however, apply for a waiver of the requirement under various grounds, one of which is no objection from your home country. Since you mentioned your country has no objections, you may be eligible to apply for this "No Objection" waiver. If approved, you can then proceed with the adjustment of status process. I strongly recommend consulting with an immigration attorney to guide you through the waiver process and ensure compliance with all requirements.
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