Can my wife apply J-1 waiver (even she already did go back china for 2 years) now, so I can aviod the 2 year requirement?
-I don't see any law limiting it, so it should be fine to do that if your spouse is in US. Also, practically USCIS will not care or not pay attention towhether your spouse has been saty in China for two years if you and you spouse do not report it or claim the benefit. If your spouse is living in China now, you may file J-2 waiver independently by explaining the reason (i.e. your spouse has stayed in China for two years to meet the home residency requirement, but you have not do it and thus you need to getJ-2 waiver).
