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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-2 Waivers

Does a J-2 Spouse or Child Need a Separate DS-3035?

No. When the principal J-1 is applying for a waiver, DOS states that the J-2 spouse or child is automatically included and does not file a separate DS-3035.

Reviewed by Peter Messersmith · 2026-09-14

No separate application when the J-1 applies

DOS expressly states that the J-2 does not need to submit a separate waiver recommendation application when the J-1 spouse or parent is applying.

The principal includes the J-2

The principal's online DS-3035 asks for J-2 dependents. DOS instructs the J-1 to list spouses and children who had J-2 status.

Independent J-2 cases are different

A narrow group of J-2 applicants may file independently when the J-1 dies, the spouses divorce, or a J-2 child reaches age 21. Those cases follow the special humanitarian IGA procedure.

Do not file duplicate applications unnecessarily

A J-2 who is already being included in the principal J-1's waiver should not assume that a second DS-3035 and second waiver case are required.

Legal Authorities and Sources

  1. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  2. U.S. Department of State — How to Apply for a J-1 Waiver
  3. U.S. Department of State — Waiver of the Exchange Visitor Two-Year Requirement

Frequently Asked Questions

Does my J-2 spouse file a separate DS-3035 with me?

No. The J-2 is normally included in the principal J-1 application.

When can a J-2 file an independent DS-3035?

DOS recognizes narrow humanitarian exceptions involving death, divorce, or a J-2 child reaching age 21.

Should the J-2 still be identified in my application?

Yes.

Need Help With a J-1 Waiver?

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