All,
This is my first post, so my apologies if this question has been posed in advance.
I have a greencard, and my wife is completing her 3-yr J-1 FMG waiver requirement.
Background:
My questions:
Thanks!
Raj
This is my first post, so my apologies if this question has been posed in advance.
I have a greencard, and my wife is completing her 3-yr J-1 FMG waiver requirement.
Background:
- We were married in 2001, when both of us were not on H1Bs.
- I acquired an H1B in early 2002. She was on J-1 FMG at that time.
- I filed for my GC in EB1 in late 2002, filing the I-140 and I-485 simultaneously. She was listed on the I-140 as my spouse, *but* was not a co-petitioner. She remained on J-1 as per the terms of the J-1 FMG.
- My GC was approved in late 2003, while she remained on J-1 status.
- Upon the completion of her residency in 2005, she applied for and received a J-1 waiver, and then applied for and received an H1B so that she could complete her 3-yr waiver requirement as a physician in an under-served area.
- Her waiver requirement concludes on Nov 30, 2008. Because of timing issues, the H1B will be renewed before her waiver completes (not an issue).
My questions:
- We have been told by one lawyer that since we were married before my greencard application, and continue to be married, it is a "simple" matter of filing a form (which form?) to add her to my GC. Is this correct ?
- Can we prepare the paperwork now, and file on Dec 1, 2008 ?
- Can she choose not to work starting Dec 1, 2008, and still be in status ?
- If she chose to work part time or full time at any point from Dec 1, 2008 onwards, is that allowed ?
- Which is the form that is stated in point 1 above ? Is it a simple matter, or a complex piece of paperwork ? What is the time required and the approximate cost, if someone knows ? As one can probably tell, I don't have much faith in this lawyer!
- And I guess most importantly, does anyone see any problems in the above plan ? Something that I have not accounted for ? Something that could cause her to go out of status and require to return to India while she waits out the GC-addition process ?
Thanks!
Raj