Hi,
I filed an I-485 for my wife last March after some bad advice from a paralegal, who assured me my wife would not need a waiver. Turns out she was wrong. My wife did indeed need a waiver, since she was a J-1 with the 2 year foriegn residence requirement. My wife then left the US. She left because we felt there was no point in her staying in the US, when she was required to serve 2 years.We figured as tough is it is...the sooner we get her 2 year residency over...the better.
It says on the USCIS website that my wife is also not eligible for "advanced parole"......most likely because J-1's with the foriegn residency requirement are not supposed to apply for an I-485 (without a waiver...which we can not get. I copied what it says on the USCIS website below...(the 2nd condition applies to us...not the first)
Aliens in the United States are not eligible for Advance Parole if they are:
In the United States illegally;
An exchange alien subject to the foreign residence requirement;
My one concern now, is the following.
We were able to speak to the US consulate, when I was visiting her country over the summer, and they issued her a B-2 tourist visa so she could be permitted to see me during her 2 years. But now I am worried that due to filing an I-485, she may have trouble entering the US. (Do the US Consulates have information about all filings on their computers? Would they have been aware of her I-485 when we apllied for the tourist visa?)
I am not worried about the I-485 being abondoned.......it would have been denied anyhow. But, will the filing of this form, give us a problem when she reaches the port of entry?
(I know we need to bring proof of her plans to return to her home country...since being given a visa by the US Consulate still doesn't guarantee her entry......I have already been preparing documents and form for her arrival to prove to the US Customs when she arrives of her intent to return.)
But I am mainly writing about whether the I-485 will cause us problems, since normally you are supposed to leave with AP. However, as you can see from what I copied from the USCIS website....she could not get AP. So, she left without it.
Thanks,
Michael
I filed an I-485 for my wife last March after some bad advice from a paralegal, who assured me my wife would not need a waiver. Turns out she was wrong. My wife did indeed need a waiver, since she was a J-1 with the 2 year foriegn residence requirement. My wife then left the US. She left because we felt there was no point in her staying in the US, when she was required to serve 2 years.We figured as tough is it is...the sooner we get her 2 year residency over...the better.
It says on the USCIS website that my wife is also not eligible for "advanced parole"......most likely because J-1's with the foriegn residency requirement are not supposed to apply for an I-485 (without a waiver...which we can not get. I copied what it says on the USCIS website below...(the 2nd condition applies to us...not the first)
Aliens in the United States are not eligible for Advance Parole if they are:
In the United States illegally;
An exchange alien subject to the foreign residence requirement;
My one concern now, is the following.
We were able to speak to the US consulate, when I was visiting her country over the summer, and they issued her a B-2 tourist visa so she could be permitted to see me during her 2 years. But now I am worried that due to filing an I-485, she may have trouble entering the US. (Do the US Consulates have information about all filings on their computers? Would they have been aware of her I-485 when we apllied for the tourist visa?)
I am not worried about the I-485 being abondoned.......it would have been denied anyhow. But, will the filing of this form, give us a problem when she reaches the port of entry?
(I know we need to bring proof of her plans to return to her home country...since being given a visa by the US Consulate still doesn't guarantee her entry......I have already been preparing documents and form for her arrival to prove to the US Customs when she arrives of her intent to return.)
But I am mainly writing about whether the I-485 will cause us problems, since normally you are supposed to leave with AP. However, as you can see from what I copied from the USCIS website....she could not get AP. So, she left without it.
Thanks,
Michael
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