Complete Guide to Form I-612

Are you a J1 visa holder with a visa status that is about to expire? Are you concerned that returning to your home country will result in persecution or severe hardship for your U.S. citizen or lawful permanent resident spouse or child? If so, you can apply to stay in the U.S. and not return to your home country with a Form I-612.

Here’s how the Form I-612 works and how you can go about applying for your waiver. 

What is Form I-612?

The Form I-612 is a form you can file with the United States Citizenship and Immigration Services if you are a J1 visa holder and you want to apply for a waiver of the foreign residency requirement. 

Who Needs Form I-612? 

If you are a J1 visa holder and your J1 visa is about to expire, you may need to return to your home country for two years before you will be allowed to apply for another visa and come back to the U.S. This is known as the foreign residency requirement and will only apply in certain circumstances. You can read more here to see whether the foreign residency requirement applies to you.

If the foreign residency requirement applies to you, you will have to leave the U.S. when your J1 visa status expires. Of course, there are many reasons why you might want to extend your stay in the U.S. and not return home to your home country immediately. If this is the case, and you don’t want to return to your home country due to fear of persecution or hardship for your spouse and child, you will need a Form I-612 to apply for a waiver of the foreign residency requirement. 

You will only be able to use a Form I-612 if you apply for the waiver based on:

1. legitimate fear of persecution if you return home or
2. exceptional hardship to your U.S. citizen or lawful permanent resident spouse or child.

If you are in the U.S. on a J2 status but no longer married to your original J1 spouse at the time of your application, you will also need to file a Form I-612 to apply for the waiver. The same applies to children of J1 or J2 visa holders who are over the age of 21 or who are themselves married. 

If you are a J2 spouse still married to the J1 visa holder or you are an unmarried child of the J1 visa holder, and under the age of 21, you will not need a separate Form I-612. Only the J1 visa holder needs to file the form, as long as you include the names of your J2 visa spouse or children in the application. If you don’t list their names, they will have to file their own Form I-612. 

How to Complete Form I-612

You can either print your Form I-612 and fill it out by hand or type. In either case, you must use black ink, and all entries must always be legible.

Make sure you don’t leave any of the items blank. If any of the items don’t apply to you, simply write “N/A”. If you need extra space, you can use an additional sheet of paper. Print your Alien Registration Number on each additional sheet, make sure it is clear what section or item the information on the sheet is related to and make sure you sign and date each additional page. 

Here is how you can approach each part of the Form I-612.

Part 1

This part is where you provide all your personal information. Remember, your Alien Registration Number, your USCIS Online Account Number, and your Social Security Number aren’t the same. Make sure you provide the correct number in the correct space. Also, make sure your mailing address is correct and notify the USCIS if this changes. This address is the address the USCIS will send mail and notifications to.

Part 2

In part 2, you indicate the reason you believe the two-year foreign residency requirement applies to you. Select the reason that applies to you.

Part 3

Here you select and explain why you are applying for the waiver. Again, this would either because you fear persecution in your home country or because of exceptional hardship for your spouse or children. You have to provide a statement explaining your selection, and it’s best to also provide as much evidence as possible to support your case.

Part 4

Part 4 requires additional information about you, including information about your spouse and children. It is important to include their information here if you are also applying for the waiver on their behalf. If you are claiming the basis of your application for waiver is because of exceptional hardship for your spouse or children, it is important to provide their citizenship or permanent residency information. 

Part 5

In part 5, you sign and date the form. You also have to select and make certain statements if they apply to you. By signing the form, you certify and declare the information you provided is true and accurate. You must sign and date part 5 of the form yourself unless you are a parent or legal guardian preparing it on behalf of a minor.

Part 6

If you used an interpreter to help you complete the Form I-612, their information and signature must be included here. 

Part 7

If someone prepared your Form I-612 on your behalf, their information must be provided here. They also need to select the statements that apply to them and sign and certify that they have completed the application at your request and provided accurate and correct information.

Supporting Documentation

You may need to provide the following supporting documents, depending on what basis you are applying for the J1 visa waiver:

• Your marriage certificate
• Your spouse and children’s birth certificates 
• If you are claiming exceptional hardship as a basis, your spouse and/or children’s naturalization certificate, evidence of lawful permanent residency, or other proof of citizenship. 
• Detailed financial information of your and your spouse’s income and savings (only applicable if you are claiming exceptional hardship)
• Proof of all your, your spouse, and your children’s entries and exits to and from the U.S.
• Your I-94 Arrival/Departure Record
• Your spouse’s I-94 Arrival/Departure Record if they are not a U.S. citizen or permanent resident
• Evidence that your fear of persecution is legitimate or of your exceptional hardship, depending on what the basis of your application is
• Any other documents or evidence which may be applicable or relevant.

You can read more here about the process and steps of applying for your J1 waiver after completing your Form I-612.

Where to File Form I-612

You can use the following mailing addresses to file your Form I-612:

For U.S. Postal Service (USPS):

USCIS California Service Center
I-612 Unit 
P.O. Box 30112
Laguna Niguel, CA 92607-0112

For express or courier delivery:

USCIS California Service Center
24000 Avila Rd.
2nd Floor, Room 2312
Laguna Niguel, CA 92677

Form I-612 Cost

The filing fee for filing a Form I-612 is $930. Keep in mind this fee is non-refundable. So even if your application for a waiver gets rejected, you won’t get this money back. 

Note, this also does not include the filing fee for Form DS-3035, which is currently $215. You can read more about the Form DS-3035 and filing it as part of your Form I-612 application here. 

Conclusion

If you don’t want to return to your home country because you fear persecution or don’t want to put your spouse and children through exceptional hardship, file your Form I-612. There is no reason you should worry about this. Apply for your J1 waiver today! 

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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