J1 waiver and GC based on spouse's I-140 filing

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sujitm

Registered Users (C)
Hi,

I have the GC. My spouse was on J1 visa and is undergoing the J1 waiver requirement of 3 year service in a medically undeserved area (MUA). She was included in my I-140 filing. I hear that upon completion of the J1 waiver requirement, when we file for her GC, she does not need to start from scratch - labor cert, I-140 and I-485. Rather she can use my I-140 filing and directly file for I-485. Is this correct? If so, what documentation do I need from my GC process? Will the I-140 application package be good enough?

Thanks

BTW: I posted this on J visa forum but didn't receive any response. Most likely it fits this forum more appropriately.
 
sujitm said:
I have the GC. My spouse was on J1 visa and is undergoing the J1 waiver requirement of 3 year service in a medically undeserved area (MUA). She was included in my I-140 filing. I hear that upon completion of the J1 waiver requirement, when we file for her GC, she does not need to start from scratch - labor cert, I-140 and I-485. Rather she can use my I-140 filing and directly file for I-485. Is this correct? If so, what documentation do I need from my GC process? Will the I-140 application package be good enough? .
Click to expand...

That is correct. She cand do a 'follow to join' petition. All you need to submit for that is her 485 package, proof that you are married and a copy of your I140 approval. Unless you have priority date issues, this should go through in a very expedient manner as there are none of the usual steps of a I140 involved. Took me 6 weeks, A-Z.
 
Dear Sujit,

I came across this thread and had a question since I'm in a similar situation. My wife is on J1 and will be applying for a waiver. I plan to apply for I-140 (EB-1) with her name on it. So as I understand my wife can apply for I-485 once she gets her waiver (from Indian govt.) and there shouldn't be an problems right? The other question is can she travel to India? If she goes to India she will have to get her J1 stamped. Will there be any issues with this knowing that her name was on the I-140?

Thanks.

agg
 
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