- If the primary visa holder on J-1 visa is subject to two-year home-country physical-residence requirement, his/her dependent spouse and children who received J-2 visa based on that J-1 visa are also subject to the same requirement.
- However, dependents don’t need to separately apply for waiver, as they are automatically included in J-1 visa waiver application. Dependents should be listed in the J-1 visa waiver application. No additional (per person) fees need to be paid to include the dependents.
- The primary applicant on J-1 visa gets the waiver, and the dependents on J-2 visa also automatically get the waiver.
- With a few exceptions, dependents on J-2 via cannot apply for a waiver when the primary applicant on J-1 visa is not applying.
However, in the following circumstances, Waiver Review Division will consider the application on a case-by-case basis:- J-1 spouse dies:
Attach a copy of your J-1 spouse’s death certificate - J-1 and J-2 spouses divorce:
Attach a copy of the divorce decree from your J-1 spouse. - J-2 child reaches age 21:
Attach a copy of your birth certificate if you are a J-2 child age 21 or over.
- J-1 spouse dies:
- why you are applying for a waiver and your J-1 spouse/parent is not.
- why your situation merits special consideration.
You should also submit a statement explaining:
