Apologies for crossposting, I created this account to talk about my situation hoping someone here can help me.
I am a J-1 Fulbright student and my wife is a J-2. Weare subject to the two year rule under INA 212(e). However, recently I found out that I had a claim as a citizen born abroad and formalized it through the application for a US passport which I got two months ago. I am aware that the consular office failed to clear that put when they gave me the J1.
Now I want to apply for adjustment of status for my wife. I recently sent a request for an advisory opinion and they got back with a letter that (among generic text) contained this text regarding me:
"The exchange visitor accepted funding for the Exchange Visitor Program from the home government and/or the United States Government and/or direct or indirect funding through an international organization. You are subject to 212(e) under your J-1 programs. 212(e) bars individuals from acquiring citizenship. Since USCIS has granted you citizenship, they are not requiring a waiver of 212(e)"
The letter doesn’t mention my wife at all even though in the application I explained my situation. The waiver division only accepts communication through email and they take weeks to respond always telling me useless information.
I need to know if I can go ahead with the AOS or if I need to apply for waiver for my wife. However, none of the exceptions for applying as a J2 are true for us (we haven’t divorced nor am I dead). I already tried talking to USCIS customer service and to immigration lawyers and no one has any idea they keep saying I need to clarify with the waiver division but they are completely uncooperative.
Any help would be appreciated
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source https://www.reddit.com/r/immigration/comments/gv0vpr/usc_and_the_2_year_rule/