j2 to GC

[er@ct]

Hi there
My husband is on a j2 visa ( iam on a j1 with 2yrs HRR), he just got his green card (family based ) petition approved.

So the issues are:

Can he change from j2 to GC, if yes.. how and when? I have 18mth of residency left b/4 i can apply for a waiver.

How long after a waiver can he start processing his GC?

Does your approved pettition expires? the letter says he has a year to apply

The petition came as an unmarried son, it was before we got married. Although he did send our marriage certificate after we got married. Like everything else , they never changed it.
They are now requesting our marriage certificate...by him putting my name as his spouse....will it in anyway affect my j1?

Can anyone recommend a good immigration lawyer,or if anyone is reading, and they think this can be done...can you mail me enitemi@sbcglobal.net


thank you

 

[m_img]

Hi there
My husband is on a j2 visa ( iam on a j1 with 2yrs HRR), he just got his green card (family based ) petition approved.

So the issues are:

Can he change from j2 to GC, if yes.. how and when? I have 18mth of residency left b/4 i can apply for a waiver.

Unfortunately, he also has 2 yrs HRR. He cannot apply for change of status. If you time it and you're lucky you can have your waiver approved six-8 months before you finish your residency. This way he's free to apply for GC.

How long after a waiver can he start processing his GC?

As soon your waiver is approved, he's free to to apply for GC. You have to wait to finish 3 yrs on H1-B before you can apply for GC/AOS.

Does your approved pettition expires? the letter says he has a year to apply

I'm not sure about this... but... he can probably submit the documents they require and donot apply for AOS/CP until waiver is approved. This how it works if you were to apply for GC after obtaining waiver. Not sure about family based cases... just something to consider.

They are now requesting our marriage certificate...by him putting my name as his spouse....will it in anyway affect my j1?

It should not. But.... make sure you file it properly so that don't deny the case based on J1/J2. He should apply for AOS for himslef and children, if any, not for you. You would apply after your three years on H1-B are complete.

 

[er@ct]

thanks
that was helpful