Question regarding J1 HRR and applying for adjustment of status

[ppm01]

My wife had visited the US in 2009 on a J1 visa and departed the US on the 11/02/2009 prior to marriage.

She then visited the US for a few weeks (43 days) from 06/08/2011 - 07/20/2011 on H4 visa (after marriage).

She then moved to the US with me on H4 visa on 12/13/2011.

We are now preparing to file the application for her adjustment of status however wanted to clarify the regulations of home residency requirement from her previous visit on J1 visa.

Can the home residency requirement be fulfilled eventhough the 2 years of presence outside the US is not continuous ?

Also will the 43 days that she visited the US be deducted from the rest of the time she spent outside the US after departing from her J1 visit on 11/02/2009 ?

What are our options if we fall short of the 2 years by a handful of days?

Really appreciate any insight into these questions.

[kitten3]

>My wife had visited the US in 2009 on a J1 visa and departed the US on the 11/02/2009 prior to marriage.

You may want to know when her J1 visa was "terminated" in US record. Her J1 visa program officer or Immigration lawyer may be able to help you on this.

>She then visited the US for a few weeks (43 days) from 06/08/2011 - 07/20/2011 on H4 visa (after marriage).
>She then moved to the US with me on H4 visa on 12/13/2011.
>We are now preparing to file the application for her adjustment of status however wanted to clarify the regulations of home residency requirement from her previous visit on J1 visa.

>Can the home residency requirement be fulfilled eventhough the 2 years of presence outside the US is not continuous ?

My J1 visa officer told me that it doe snot need to be continuous.

>Also will the 43 days that she visited the US be deducted from the rest of the time she spent outside the US after departing from her J1 visit on 11/02/2009 ?

Yes.

>What are our options if we fall short of the 2 years by a handful of days?

I recommend you to try call USCIS office (free) or immigration lawyer (not very expensive) to know this.

[BigJoe5]

I-612 is the waiver application. It is hard to get.

Was it confirmed that she was actually subject to the 2 YR HRR?

Are you an H1B about to file for adjustment? If yes, have her go abroad and finish the rest of her time and return as an H4 again BEFORE YOU and she file for adjustment. It would be faster and easier than trying for a waiver.

IF you are already an LPR or a USC, that changes things.

If you are an H1B and have filed for adjustment and it is still pending, she can go abroad and hopefully return before you are approved. She could file then.

IF you have filed for adjustment already and she gors abroad BUT you get approved then she would need to do Consular Processing.

There are a bunch of variables to consider but not much concrete information to work with from your post. You should probably go see a lawyer right away.