Rather than filing a request for a J-1 waiver, Attorney Moonjung Jenny Kim sought an advisory opinion from the U.S. Department of State seeking the Department of State’s opinion on whether EK was truly subject to the two-year residency requirement because EK’s J-1 program did not appear in the Department of State’s Exchange Visitor Skills List for her home country.
The Department of State agreed with Attorney Moonjung Jenny Kim indicating that EK was not subject to the J-1 two-year home residency requirement and her visa and DS-2019 incorrectly noted that she was. This allowed EK to immediately apply for and obtain permanent residency in the United States based on her marriage to her U.S. citizen spouse without first having to return to her home country for two-years or obtaining a J-1 waiver.
