Question – Hi, I am a Postdocto

Hi, I am a Postdoctoral research Associate on J1. My visa is valid till 2019. I am engaged to an american citizen and we plan to get married in a couple of months. At the moment due to work we leave far apart. I am looking for jobs to move closer to him. To submit my job applications I have answer if I require sponsorship for employment visa status. I was wondering if I can legally work on my J1 visa, outside of academia, while I will be apply for a green card?

Thank you

Question – Good dayI have a r

Good day
I have a really important question.
I was going to be in an University in the USA for an internship. They told me at first I had to issue an J1 visa and I did.
But I never use it and the two year rule applied to me.
So, the visa it is cancelled or was never activated and the two year rule doesnt apply? or it does apply?

Question – I’m Brazilian

I’m Brazilian and my wife is both an American and Brazilian citizen. I hold a Ph.D and work as a professor and researcher in Brazil. I’m considering applying for a Postdoc position (and also applying for a j1 visa), then at the end of my postdoc period I’ll apply for adjustment of status through marriage. Is it possible? Or it’s too risky in terms of adjustment rejection? I’ve been told that chances are that the immigration department may interpret my case as fraud. Is that true?

ps.: I’m aware of the two year rule that may be applied in j1 visa.
ps.2: I know that I can apply for a immigrant visa through the Brazilian embassy, however it takes too much time (12 months in avg.), and we wouldn’t like to wait.


J-2 dependent visa for J-1 visa holder spouses and dependents


If you are thinking about coming to the USA on a J-1 visa and you don’t want to leave your family behind, don’t worry, you can take them with you to America! All they have to do is apply for the J-2 visa when you are applying for your J-1 visa. The process is exactly the same as the J-1 visa process and therefore the organization that is sponsoring your J-1 visa must also issue DS-2019 for each J-2 visa application. Keep in mind there are certain limitations for J-2 visa eligibility. It is only intended to be used for the J-1 visa holder’s family; not domestic partners or boyfriend/girlfriends. If the J-2 is for a partner in the relationship, the partner must be legally married and you must be able to provide evidence of marriage such as a marriage certificate. If the J-2 is for your child, you must provide evidence such as birth certificate or adoption decrees.

Because the J-2 visa is strictly for J-1 visa holder’s family, it is really intended for exchange visitors such as post-doctoral researchers, government visitors, physicians, professors, or specialists. Those who are getting a J-1 visa for camp counselor, au pair, summer work travel and secondary school students are NOT allowed to bring their family through a J-2 visa. It makes sense because in those categories, which are typically young people, they really should not have a family already. The J-1 visa program in the “young” category is designed for short term experiences in America. It is meant for young people to travel to America, experience the culture and also earn a living through typical American summer jobs. The only possible exception is a camp counselor but unfortunately it is simply not allowed.

The J-2 visa holder does not necessarily have to apply at the same time as the J-1 visa holder. The J-1 visa holder can go to America first, and after a while if the spouse/dependents want to also go to America, the J-1 visa holder would simply ask the program sponsor to issue DS-2019s for each person that want to get a J-2 visa. After getting the DS-2019, the spouse/dependents would apply for a J-2 visa in the same exact procedure as the J-1 visa. Keep in mind that the J-1 visa holder MUST go to America first; the Department of State does not allow the J-2 visa holder to go to America before the J-1 primary visa applicant. Everyone can go at the same time, but if everyone is going at different times, the J-1 visa holder is the primary applicant and he/she must go to America first.

The J-2, unlike F-2 or H-4 dependent visas, actually allows the visa holder to work legally in any field and also go to school freely. It is actually one of the least restrictive dependent visas. The J-2 visa holder simply needs to apply for employment authorization through USCIS using I-765 and can receive an employment authorization card (EAD) which would permit the visa holder to work unrestricted in America. The J-2 visa holder can also study without having to apply for F-1 visas. There are no restrictions on what study program the J-2 visa holder would like to pursue and no extra forms or USCIS applications to fill out. The J-2 visa holder can simply apply, if admitted, register for classes! Keep in mind though, the J-2 visa is a dependent visa. If the J-1 primary visa applicant has to depart the country because the program ended or for whatever reason, the J-2 visa holder must also leave. Therefore, if the J-2 visa holder signs up for a 4 year undergraduate degree and the J-1 visa holder has to leave the country after 2 years, the J-2 visa holder, if they wish to continue studying in America, must change status to F-1. The J-2 visa also has no travel restrictions and allows the holder to travel in and out of the country freely without worrying about having a job to return to or school to continue studies. As long as the J-1 primary visa applicant is still in America, the J-2 visa holder has the same privileges to travel internationally as a permanent resident or citizen of USA.

In conclusion, don’t be put off by leaving your family behind in your home country while you are in America on a J-1 visa; just get them a J-2 visa! It is really one of the best dependent visas and truly lets your spouse and dependents to experience America in a way that is almost the same as a green card holder. The J-2 visa holders are free to work or study as a green card holder, without much restrictions and USCIS applications.