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Hi, I'm a Fulbrighter and have been in the US for almost 4 years in a J1 visa. Is there any chance to wave the 2 year HHR rule?

Lafayette, CO |
Filed under: J-1 student visa

My country has paid for my PhD (about 250K) and yes, my expertise is in the skills list. However, I have an American boyfriend, he has 3 kids and I have 1(j2). We have lived together for 1 year and will be 2 years when I finish my program. We plan to get married but not sure why (question number 2 here!) to not upset Visa people. Going back for 2 years would be stressing for kids, we are a family since his kids live with us 50% of the time, they love each other and consider us their family. Can I make a case of this? Does getting married and having more children help by any means? Is there any way that out family situation really helps? His family (kids) can't move because they have a mom here who won't allow it. Nobody speaks language of my country either...Any advice is appreciated!

Attorney Answers 2


  1. Best answer

    The fact is that your country's embassy-consulate must approve the waiver of the J-1 2-year return requirement. The fact that you have already been here on a J-1 for 4 years, longer than the 2-3 years that are the minimum before the 2-year separation is imposed indicates to me, however, that you already may have been exempt, which makes your concern about getting an extension puzzling. You definitely will need an attorney for this matter.

    All answers to immigration questions should not be taken as legally binding advice. If you have an immigration issue, please call me at Pacifica Legal Services 805-290-4930 and make an appointment for an initial 30 minute consultation. Additional time is billed at $100.00 per 30 minute increments. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal. Si usted tiene un problema de inmigración, por favor llámeme al Pacifica Legal Services 805-290-4930 y hacer una cita para una consulta inicial de 30 minutos. El tiempo adicional se factura a $ 100.00 por incrementos de 30 minutos.


  2. Unfortunately none of that matters to the US, only your own country can waive the 2 year rule. http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html

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