J1/I485 Query

[nisha_singh27]

I am currently on J1 visa, my wife's employer has filed I-140 and in the process of filing I-485. I have started the waiver process. If I don't get waiver before her I-485 approval, how can I get the GC?

If I apply after the approval of I-485 of my wife, is it still be Change of status (I-485) for me or different process will be followed.

Can I apply for the I-485 as soon as I get the recipt of recommendation from USIA to INS or I have to wait till I get the waiver from INS ?

If none of the above method is possible then what is the alternative for me getting EAD/GC, if I get waiver after my wife's I-485 approval.

Thanks
Raj

 

[jigesh]

Raj,

Yours is a sensitive issue so don't just rely on the information that I supply below (because I am not an immigration expert). Better consult an attorney (probably the one who will be filing your wife's I-485).

In my view, you and your wife both should file I-485 together as soon as you receive your waiver recommendation from the DoS (what you called USIA). Once your wife's I-485 is approved and after that if you plan to apply for your GC, the matter then becomes much more complicated (more delays for you). Alternatively if you are already in the advanced stage of waiver processing, and very positively expect recommendation from the DoS very soon (say within 3 months), you might risk filing yours and your wife's I-485 together. Without the waiver, INS will issue you either request for further information (RFE) or an "intent to deny" (a scary name for RFE). INS normally gives 90 days to respond before issuing denial of I-485. Meanwhile if you get your waiver, you can send it to the INS as a response to the RFE (or intent to deny as I mentioned above).

So think and plan very carefully and consult an attorney before acting upon that plan. Don't just rely on my information.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.

 

[PuddyFree]

Just from my own personal expierence I could not file my husbands spouse petion until we got the approval of the waiver from the I.N.S. Even though we had the recommendation from the State Department we still had to wait to file. This information came from our attorney, the I.N.S. and my Senators office.

Best Wishes,
Puddyfree

 

[jigesh]

INS waiver is always safe for I-485. I guess in your case, the INS center where you filed the I-485, and the INS center from where you expect your waiver might be different.

I have seen/read several cases where the I-485 was filed at the same INS center from which the waiver, too, was expected - and they submitted DoS recommendation; and INS did not issue any RFE for final waiver. It also might help to enclose photocopy of the INS receipt notice if one does not have final INS waiver but has only INS-assigned waiver case number (from their receipt notice).

I-485 takes one year to get approved. On the other hand, after the DoS issues recommendation, INS will issue waiver within 2-3 months. So if the INS center remains the same for both waiver and I-485, adjudicating officer at the INS can always check waiver status while adjudicating I-485 that he/she will open up after 8-10 months.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.