I am currently in a relationship with an Indian physician who had an arranged marriage a few months ago in India. He and she both agreed this would not be permanent but decided to please there family. They both reside in US as resident physicians in different states. The problem is my boyfriend will finish residency at the end of june and his j-1 visa will expire. He could not find a job before the conrad waiver deadline and he did not get into a fellowship so his j-1 will no longer be applicable because he will not be in residency. He is now forced to either leave the country for two years or move to his wifes state and work at a hospital that is sponsoring him under a j-2 visa. My question is if they file for divorce now, will he be able to apply for some sort of waiver to stay in the US or will he have to complete the two-year home-country physical presence requirement?
He will likely have to leave the country because be would not qualify as a dependent without a wife.
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To stay in the US, he must have the means to do so. A divorce does not provide those means. He will also have to either meet the 2 year foreign residency requirement or obtain a waiver if he is subject to that requirement.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
If he gets a divorce, he can still apply for a J waiver. There are hundreds of unfilled Conrad 30 slots.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.