Can my wife apply J-1 waiver (even she already did go back china for 2 years) now, so I can avoid the 2 year requirement? -I don't see any law limiting it, so it should be fine to do that if your spouse is in US. Also, practically USCIS will not care or not pay attention towhether your spouse has been saty in China for two years if you and you spouse do not report it or claim the benefit. If your spouse is living in China now, you may file J-2 waiver independently by explaining the reason (i.e. your spouse has stayed in China for two years to meet the home residency requirement, but you have not do it and thus you need to getJ-2 waiver). Thanks 8老师for your help. Now my wife is in US and we already mentioned that my wife fulfilled her 2-year requirement in the 485 filing, Can I still file J-2 waiver independently?
If yes, how can I file J-2 waiver because Chinese embassy only issue J-1 waiver (I think), do I still need to follow the following steps: 1) DOS to get case number, 2)中国领馆教育处, 3) 联系国内原单位, 4) 材料寄教育处, 5)中方出具 NOS, 6)美方 DOS 批准