With a few exceptions, J-2 spouses and children cannot independently apply for waiver recommendations when their J-1 spouses
or parents are not applying.
The exceptions where the Waiver Review Division will consider requests for waiver recommendations from J-2 spouses and children
are:
-
- when the J-1 spouse dies;
- when the J-1 and J-2 spouses divorce; and
- when a J-2 child reaches age 21.
All such cases are evaluated by the Waiver Review Division on a case-by-case basis.
If you, as a J-2 spouse or child, believe that your situation merits special consideration based on one of the exceptions
above, you should complete online form DS-3035, pay the processing fee (Steps 1 and 2 of the Instructions), and submit a statement explaining why you are applying for a waiver and your J-1 spouse or parent is not. Your statement
should also explain why your situation merits special consideration. As applicable, you must also submit:
-
- a copy of your J-1 spouse’s death certificate;
- a copy of the divorce decree from your J-1 spouse; or
- a copy of your birth certificate, if you are a J-2 child age 21 or over.