Hi All,
My I-140 is approved and my PD is current to file I-485. My spouse was on J-1 visa that was subject to 2-year HRR. We got a waiver and my spouse is working as a physician in an underserved area. In the waiver approval notice (I-612), it was written that the beneficiary can not file an Immigrant petition (I-140) or AOS (I-485) until they complete their 3-year commitment in the underserved area. I gathered that a spouse can file I-485 as a derivative before the primary applicant\'s 485 petition is approved. My question is this. If my I-485 gets approved in 2 years and my spouse\'s three year commitment is not over by then, will my spouse be eligible for derivative status later on? My spouse\'s name was included in my I-140 also as the new restriction was not there at the time of my 140 filing. What other ways do you suggest I pursue to get my spouse a green card? I have a lawyer, but he will not do anything creative unless I gather info and push him to do that. I have heard about something called "Following to Join" and I don\'t know much about it. Could somebody throw some light on that topic? I hope I have not confused the people reading this posting. Thank you in advance for spending the time to read and responding.
My I-140 is approved and my PD is current to file I-485. My spouse was on J-1 visa that was subject to 2-year HRR. We got a waiver and my spouse is working as a physician in an underserved area. In the waiver approval notice (I-612), it was written that the beneficiary can not file an Immigrant petition (I-140) or AOS (I-485) until they complete their 3-year commitment in the underserved area. I gathered that a spouse can file I-485 as a derivative before the primary applicant\'s 485 petition is approved. My question is this. If my I-485 gets approved in 2 years and my spouse\'s three year commitment is not over by then, will my spouse be eligible for derivative status later on? My spouse\'s name was included in my I-140 also as the new restriction was not there at the time of my 140 filing. What other ways do you suggest I pursue to get my spouse a green card? I have a lawyer, but he will not do anything creative unless I gather info and push him to do that. I have heard about something called "Following to Join" and I don\'t know much about it. Could somebody throw some light on that topic? I hope I have not confused the people reading this posting. Thank you in advance for spending the time to read and responding.