J-1 to GC?

[prrao]

This is a moot point now, but I'd like to know anyway. So here goes.

My wife is doing her medical residency on a J1. Can I add her to my 485 application? If yes, what happens if my 485 is approved before she completes her residency? Is the 2 year HRR requirement waived, or is she still subject to it?

It is a moot point now, because my lawyer told me I couldn't file for her 485. So we didn't, and my GC is now approved. But I read a post indicating she could've got her GC too. If that's the case, I'll be kicking myself ...

 

[LucyMO]

Well, she is subject to HRR, and therefore, has to get a waiver BEFORE she can even file for adjustment of status.

If she obtains it before your I-485 is approved, you can add her to yours AOS. If she obtains a waiver after your I-485 is approved, go for the "following to join" benefits. See Family Based Immigration topic of this forum and www.uscis.gov for more info.