Is Spouse sponsor J1 Waiver Physician for GC

AhJ1

Registered Users (C)
My wife is doing J1 waiver job and will be finishing 3 years by mid of next year.

Can I sponsor her (am US Citizen) GC by filing it now so she would get it by the time she finishes her 3 years j1 waiver job?

I believe that since she is not interested in to get GC through current employer so she should not wait for finishing 3 years waiver first to apply for GC through spouse sponsorship.

Any suggestions are welcome!!!
 
My wife is doing J1 waiver job and will be finishing 3 years by mid of next year.

Good.

Can I sponsor her (am US Citizen) GC by filing it now so she would get it by the time she finishes her 3 years j1 waiver job?

There are some steps you can take right now.

- File form I130 (petition for alien relative) with the regional immigration service processing center responsible for your area. Wait for this to be approved (check on the USCIS website for processing time for I130 priority I to get an idea how long it takes).
- Once she has completed 3 years 1 day in H1b status AT the location of her J1 waiver employment, she can file form I485 (application to adjust status to permanent resident) either based on the approved I130 or based on the pending I130 (if it hasn't been approved at that point. Along with form I485 she can file form I131 (travel document) and form I765 (employment authorization. Things move pretty quick after that.

I believe that since she is not interested in to get GC through current employer so she should not wait for finishing 3 years waiver first to apply for GC through spouse sponsorship.

She is precluded from filing an adjustment application until the 3 years are up. Sorry.

She DOES have the advantage that she can switch jobs right after the waiver is over and doesn't have to wait for the employer to file for her or for certain waiting periods related to that.

Hope this helps.
 
Thanks Hadron for your detailed explanation.

There are another questions to ask.

My wife had recently applied for I-130, Can she take time off for few months right after her three yrs of J-1 waiver despite I-130 is not approved but I-485 is applied?

Can she leave her current employer without jeopardizing legal status after completing 3 years 1 day assuming I-130 still pending for approval and I-485 is applied?


Thanks in advance.
 
My wife had recently applied for I-130, Can she take time off for few months right after her three yrs of J-1 waiver despite I-130 is not approved but I-485 is applied?

While the I485 is pending, she is in 'adjustment of status' status which is a legal status.
Can she leave her current employer without jeopardizing legal status after completing 3 years 1 day assuming I-130 still pending for approval and I-485 is applied?
.

Yes. She can't work until she receives her employment authorization document. To stay at home, kick back and raise the kids, she doesn't need any particular permission ;)
 
Thank you very much, hadron. We did not use this forum much but I and my wife realized that you gave excellent advices which are far better than most Immigration Attorneys will give.

By the way, Congratulations for your GC. It seems it took just couple of months for your I-485 to approve. Which regional center you have gone through for your I-485?

Regards and best wishes.
 
Thank you very much, hadron. We did not use this forum much but I and my wife realized that you gave excellent advices which are far better than most Immigration Attorneys will give.

Well, take that advice for how much you paid for it. I'm not an attorney.

By the way, Congratulations for your GC. It seems it took just couple of months for your I-485 to approve. Which regional center you have gone through for your I-485?

Nebraska.

Mailing to plastic card 7 weeks. They where either sick of me or afraid ;)
 
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