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.
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.
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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