My AOS pending; Spouse on J1; Interfiling query

[saketkapur]

Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur

 

[hadron]

Hi

1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?

I am not sure whether you have to file for the 'non retrogressed' spouse at the same time (which you can't).

3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?

There is something called 'follow to join'. It only works with AOS latest I know (spouse is listed on I140 but doesn't adjust at the time of the principal. spouse can use that I140 several years later to still get GC using FTJ).

 

[mmed]

Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur

For her to adjust, she needs 2 important things (beside other requirements): 1) final J waiver or 2 year physical presence at home country after finishing the J. 2) visa number availability. If you got the GC, the situation will be different and she can do FTJ later but still after achieving the J requirements and again at that time visa number is still required for her to apply. For similar cases, it is better for every spouse to pursue separate GC applications giving the different circumstances and tightness of the J medical requirements.