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J2 for Spouse and Her Dependent Child

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  • 10-03-2012, 06:34 PM
    hroent
    J2 for Spouse and Her Dependent Child
    I am a Canadian citizen who began a PhD in physics at UC Berkeley last month. My girlfriend and her 3-year-old son would like to move here to live with me, and I just want to make sure I understand the legal situation correctly.

    I'm currently on an F1 visa, but I have funding for the duration of my program, so I can get my status switched to J1. If I understand correctly, I can then bring the two of them down (once we are married) as J2 dependents, provided I can prove my ability to support them financially.

    If the above is all correct, then I'd really appreciate your thoughts on the following questions:

    1) What are the legal funding requirements to bring in a J2 spouse and dependent child? I understand they vary based on cost of living, but are they a fixed fraction of the baseline funding requirements?

    2) Is there any necessary delay between marrying and applying for J2 status?

    3) Approximately how long does a J2 application take?

    4) I understand that the process of applying for a work permit while on a J2 takes about 3 months on average, and can take up to 5. I also understand that you need to be in the US to apply for the work permit. Is it possible to circumvent the delay by having the J2 holder enter the US temporarily, apply for the permit, return to Canada, then move to the US after 3 months when the work permit should be ready?

    Thank you very much for your time and insight on these questions. I really appreciate it.
  • 10-09-2012, 09:12 AM
    Mr. Knowitall
    Re: J2 for Spouse and Her Dependent Child
    You should be able to determine funding requirements with the help of the Berkeley International Office. If I were to ballpark it, and as you note the figures can vary significantly, I would be thinking @$1800/month for the J-1, $1000/month for spouse, and $500/month for the child, meaning that there would be a need to demonstrate financial certification in the amount of at least $3300/month for the entire duration of your program; but I don't have your local information and you do need to verify the numbers for your location.

    The J2 visa is for qualified dependents, and there is no "minimum length of marriage" requirement. There are many factors that can affect how quickly a DS-2019 and the J2 application process are completed. Once a J2 is approved the holder can travel inside and outside of the U.S.
  • 10-09-2012, 10:04 PM
    hroent
    Re: J2 for Spouse and Her Dependent Child
    Thank you very much for your help/expertise. I'll see if the BIO can tell me anything about funding requirements - last time I went there they just told me to get a consult with an immigration lawyer, and I thought my questions were too simple for that!
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