Counsular Processing vs.( J1 visa, with 2 year home requirement)

V

viresh

New Member
Guys!
I am in a strange position. My employer filed for my Green Card and just a few days back my I-140 got cleared. The problem, is that my wife first came to US on a J1 visa (for Masters in History), which carried a 2 year home requirement condition (212e). Since then, she moved from J1 visa to F1 visa and is now doing her Phd. on F1 visa. She still has not satisfied her 2 year home residency requirement. Is she eligible as a dependent for Green Card under these conditions,( by the way she is German). Can she waive-off this condition by any means and since I have decided to go for CP anyway, will it effect my Green card application even if I decide to file for myself alone. Anyone, gone thru a similar situation before???

Please advise
Thanks Viresh
 
CP

Your wife is ineligible for a green card at this point. She can try to obtain a waiver (there is wealth of info on the web on this topic). You can apply for a green card alone, and as soon as your wife gets her waiver, she can either do adjustment of status or CP as your dependent.
 
educational j1

hi viresh
i would check about the j1 (research) are not required to go through 2 yr homecountry u could get a waiver (only problem is if u r mrs came as physician and did a residency even then u could get a waiver by working rural areas
check it out before u give up
 
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