H-1 to GC through husband

M

mnbrown

Registered Users (C)
Hi
I will be finishing my J-1 waiver on Sept 30 2010. I plan to have my huisband file for a GC for me. We've been married 10 yrs and have 3 children. Can I file for 1-130 before sept 30th and then file for AOS on Oct 1st, right after completion of my waiver.

Thanks
 
Is your husband a US citizen?

Your title mentions H-1, but the message says J-1? Which is it? Did you change from J1 to H1B?
 
Triple Citizen said:
Send both your I-130/I-485 together. That makes the best sense since your husband is a US citizen.
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Apparently this is a J-1 waiver with conditions that block the individual from filing for AOS or getting an immigrant visa for a certain amount of time (probably has to work in an underserved area for X years to satisfy the waiver and be exempt from the 2-year home country requirement). So filing I-130 + I-485 together is not allowed yet.
 
According to the OP, that requirement period ends (due to an approved waiver) on Sep 30th. Or I am reading that statement incorrectly?

Jackolantern said:
Apparently this is a J-1 waiver with conditions that block the individual from filing for AOS or getting an immigrant visa for a certain amount of time. So filing I-130 + I-485 together is not allowed yet.
Click to expand...
 
mnbrown said:
Hi
I will be finishing my J-1 waiver on Sept 30 2010. I plan to have my huisband file for a GC for me. We've been married 10 yrs and have 3 children. Can I file for 1-130 before sept 30th and then file for AOS on Oct 1st, right after completion of my waiver.
Click to expand...

Yes the I-130 can be filed now and AOS filed later after completing the waiver conditions. The J-1 home country 2-year requirement and the waivers don't block the I-130 from being filed; the block is on applying for AOS or an immigrant visa (as well as certain other types of visa) until the waiver conditions or 2-year home country requirement are met.
 
Triple Citizen said:
According to the OP, that requirement period ends (due to an approved waiver) on Sep 30th. Or I am reading that statement incorrectly?
Click to expand...

Yes, but that is more than 2 months away. The I-130 can be filed now, but the AOS filing must wait until after Sept. 30.

There is no use in waiting until Sept. 30 to file the I-130; the OP's husband is already a citizen, so this is not like cases where there is an advantage to waiting until after naturalization to file the I-130 + I-485 together in order to avoid the I-130 upgrade hassle.
 
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