J status to Family based GC

[mestep3]

I am on J1 status and my wife is on J2 status. I am subjected to the 2 year home residency requirement applicable for J1 and hence my wife is also subject to that.
My qtn is -

Can my wife's sister file for her Green Card based on sibling based immigration now ?

does my wife has to obtain a waiver or complete 2 year home residency BEFORE the GC filing process to start.

I know it takes 10 -13 yrs by this process to obtain a GC. We are anyways going to be on J status for 5 to 7 yrs in the USA and might go back to home country after that. So if the GC filing starts now , we will only have to wait in home country for 5 to 6 yrs before getting the GC.

Plz let me know !

 

[wedda]

yes your wife need to obtain a waiver or complete her 2yrs home residency before she can apply for a GC.....and it is best for you guys to start the waiver process now..

 

[pk_net]

You (the J1 holder, not your wife) need to apply for the waiver. The waiver will apply to both of you (given that your wife has never held a J1 visa herself).
If she has held a J1, then she will also need to apply for the waiver.