Eligible to file I-485 while serving HRR?

V

valO

Registered Users (C)
My wife is subject to J1/HRR and her two year term is up in November '04. She has recently been granted her H4, which is valid from today. My I-485 has been filed and pending.

My question is: Hawing brough her to the States for a week or two, can we legally file her I-485? She would then return to the home country to comlete the HRR. The 212(e) clearly states that one, who is subject to HRR cannot be adjusted to the LPR status. However, considering how long things take these days, her HRR would be completed by the time CIS gets around to do the first round of dusting on her GC case.

If at all possible, I would like to avoid the "follow to join" track in case my I-485 is approved before my wife is here and we have filed for her GC.

Thanks so much for your help!
 
As long as your spouse's name is in the I-140

From what my attorney told me,
As long as your spouse's name is in the I-140 petition she can be included in your I-485 after she completes her HRR.
she does not have to go through labor again.

He also said that even if your I-485 is approved by the time she completes the HRR, she can still be added to your I-485.
 
You must log in or register to reply here.
Top