Eligible to file I-485 while serving HRR?

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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!
 
HRR requires living in your home country. She wasn't even supposed to have been granted H4 visa.

AOS presumes that you are in the U.S. and will be adjusting from non-immigrant status to immigrant. You cannot file AOS without fulfilling HRR first or getting a waiver. And, besides, once you do file AOS you cannot leave the States for a long time, more like 30 days at a time with Advance parole. So, even if you fraudulantly apply for AOS, she will not be able to live outside the U.S. and still maintain her AOS application.
 
Thanks for your insights, LucyMO

No fraudulent activity intended. Just exploring my options. With the I-824 form taking almost as long as the I-485 nowadays, I feel like I must work out every possible scenario.
 
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