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

Can a Former J-2 Spouse Apply for a Waiver After Divorce?

Yes. Divorce from the J-1 spouse is one of the narrow situations in which DOS will consider an independent J-2 waiver recommendation request.

Reviewed by Peter Messersmith · 2026-09-14

Divorce creates a recognized independent-waiver situation

DOS identifies divorce of the J-1 and J-2 spouses as one of the circumstances in which the Waiver Review Division may consider an independent J-2 request.

Submit the divorce decree

Current DOS instructions require a copy of the divorce decree from the J-1 spouse.

Divorce does not itself erase §212(e)

A former J-2 may remain subject to the two-year requirement even though the marriage to the principal J-1 has ended.

Humanitarian circumstances must still be shown

DOS states that it acts on behalf of independently applying J-2s only rarely and for humanitarian circumstances.

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. USCIS AAO — J-2 Divorce and INA §212(e), September 28, 2015

Frequently Asked Questions

Does divorce automatically waive 212(e)?

No.

Can a divorced J-2 apply independently?

DOS will consider such a request under its narrow humanitarian J-2 procedure.

What evidence proves the divorce?

DOS calls for a copy of the divorce decree.

Need Help With a J-1 Waiver?

The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.

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