How to apply for NIW if my wife has HRR from her old J1?

I

inno.m

New Member
Hi all,

I just got H1B and want to start GC process (NIW).
The problem is that my wife (separate F1) has 2-yr home country residence requirement from her old J1.

What would be the best strategy in this case, concurrent or separate filing?
Can I start the application process BEFORE my wife would get HRR waiver or fulfill this requirement?

Thanks in advance,
Inno
 
You can, but there are things you need to take into account:

1- Your wife will probably have a harder time renewing her F-1 visa or even entering the US after a trip abroad because her husband has clearly indicated immigrant intent. Holders of J or F visas are not allowed into the US if they demonstrate immigrant intent.

2- If you actually get your green card before your wife files her I-485 application, and you want to sponsor here as a dependent, it might take a much longer time (years) for her to be approved compared to if she applies for adjustment of status before you get your green card.

So if you start the process now, you ought to quickly start the process of obtaining a waiver as soon as possible so she can also submit her I-485 around the same time as you do (within a few months).
 
Thanks a lot, jk0274!

I presume the following schedule, could you please comment it:
1. My wife apply for a F1 extension (unfortunately she can get 1yr extension only),
2. She apply for a HRR waiver,
3. I file I-140,
4. We are waiting for #2 before filing I-485s.

Two more questions:
1.
2- If you actually get your green card before your wife files her I-485 application, and you want to sponsor here as a dependent, it might take a much longer time (years) for her to be approved compared to if she applies for adjustment of status before you get your green card.
Click to expand...
Does it mean, that if we should use Family-based procedure for adjustment of her status in this case?

2. Do you have any idea how she can get conditional approval of I-485 (she definitely will spent more than 10 months remaining from 2yr HRR in home country during next 2-3 years, just because of her work/studies)?

Thanks again,
inno.m
 
Your plan looks reasonable. Just keep an eye on monthly visa bulletin to make sure the EB-2 category stays current.

1- Yes, I'm warning you not to use the family-based, because once you go with family-based, the wait times become very long and she might have to wait in the home country if she doesn't have some other US status (like H-1B or something).

2- I'm not aware of any "conditional approval" of an AOS application. Once she is eligible to apply, she applies, and waits for actual approval. And she cannot apply until she gets a J-1 waiver (or at least, a favorable recommendation from the Department of State for a waiver). If she doesn't have that yet, she cannot apply, thus cannot get any kind of approval, conditional or otherwise.
 
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