Help Desk:
I am U.S. citizen, and my girlfriend is a J1 visa holder with 2-year home country service requirement. I understand that even after our marriage, she still need to apply for J1 waiver to stay in US.
Can she apply for the J1 waiver by herself? and what are the options for the J1 waiver?
Answer:
Generally, a J1 waiver may be obtained through one of the following options:
1) A "No-Objection" J1 waiver process;
2) An Interested Government Agency (IGA) J1 waiver;
3) A J1 waiver application based on hardship or fear of persecution.
If she is eligible, she can do self-petition for either an "fear of persecution" waiver or a "hardship" waiver. A "No Objection" J1 waiver request should be made by her home country or country of last permanent residence. Additionally, an IGA J1 waiver request should be made on her behalf by an interested U.S. government agency. (for more information, please see http://www.greencardapply.com/j1.htm)
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