Please Help (dharma_rao & others please)

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Registered Users (C)
Hello All,
I have asked this question about J1 & HRR before also. Our situation is my wife got resiency but her program ready to sponsor J1 only & I am waiting for I-140 clearance.

My question was: Suppose my wife joins 3 year residency on J1. In meantime if my I-140 approves & I file for I-485 & then gets Green Card. What will happen if my wife fulfills 2 year Home Rule Requirement, whether my wife can enter US using my I-485 as my dependent or she has to wait 4-5 more years like those spouses who marry GC holder.

I got an answer from dharma_rao that : because she is already u r wife at the time I -140 was filed for you. she will have u r priority date and an automatic immigration once she \'fulfills her hrr obligation\'

I wanted to double check about this because when I talked to my company lawyer he told me that my wife has to wait further 4-5 years after her HRR to get her immigration done.

Please let me know what you think or please let me know any good lawyer to whom I can talk to. Thanks.

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As far as I know once you get the actual green card she will have to apply as spouse of gc holder because she has already left the country for 2 years for the HRR. This is my opinion, please verify with different lawyers before you take any action.
 
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Dharma Rao is right in this case. As soon as she completes the 2 year HRR requirement, she will have her GC waiting for her.
I would suggest you talk to more informed lawyers such as Rajiv Khanna. I happened to talk to Mr. Khanna about H1 for residency and he is extremely knowledgable. You should seek advice from more competent lawyers such as him.
Good luck
MJ1
 
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I wanted to clarify that I am not related or advertising for Mr. Khanna in any way, but had a pleasant experience with him.
Also, to clarify further, your wife is already on your I-140 and will be on the I-485 application so she will already have had her status approved. She will only need to complete her 2 year HRR requirement after which she can immediately change status.
I know how hard it is to get residency these days but one thing you might think of is applying next year again. You will definitely have your EAD by then and you will save yourself the heartache of staying away from your wife and kids for 2 years. Just a thought.
Good luck with your endeavors.
MJ1
 
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some good news.someone in u r situation said in this forum that his wife\'s j1 says she doesnt have to fulfill 2 yr hrr. if you comb this site u will get it i am sure
from his info i conclude -since she was already on the petitions for immigration she does nt have to fulfill 2yr hrr
there are j1 visas given to some which waive 2yr hrr from the beginning
 so call ecfmg or who ever issues the ji to u r wife. few yrs ago it was ecfmg (phylly) doing that iap 69(j1).
 
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I am afraid this info is not completely accurate. 2 yr HRR requirement cannot be waived by ECFMG. It has to be waived either by home country or by INS.
From what I know talking to my lawyer, the person does have to complete the 2 yr HRR requirement, unfortunately.
Again, please seek GOOD legal advice. This matter is extremely sensitive and do not go by hearsay. Dharma Rao, I am not trying to discount what you say, I have utmost respect for your opinions on all postings on this forum. But I have studied this issue well and have not found any such loophole. It seems like even if your spouse has citizenship and your papers have been approved, you cannot escape the 2 yr HRR requirement. I know at least one couple who went back to South Africa and came back after 2 years even when the spouse had immigration status here.
Is there anything you can do to convince hospital for H1? Has she cleared Step 3? Have you offered to hire an attorney to do the H1 processing? Hope things work out for you. Let us know if we can be of help.
Good luck
MJ1
 
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MJ1, dharma_rao & others,
You got lot of knowledge about immigration details. Thanks for your feedback.

So when you said my wife will get GC just after 2 year HRR (Home Residency Requirement), is due to \'Following-to-join\' process. Somebody suggested me about this process & he said this will take lesser time than normal I-130 sponsoring. Is it the same information you have?

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Yes, following to join is the best way to get her here. That needs her to be on both I-140 and I-485 processing.
If you try I-130, which is family based for spouses, that may take a LONG time.
Have you looked into the option of consular processing after I-140? That may significantly reduce time to get the card after I-140.
MJ1
 
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read contributions of vg71. he said his J-1 wife( currently in residency) does nt have 2 yr hrr on her iap66.
go to consular processing immigration column and \'search \'for both -J1 space spouse and also for vg71 on april 22 and may 2 he contributed with hard to belive info on j1 physicians.
best to get in touch with him directly.good luck
 
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According to the J-1 regulations as outlined in 8CFR.., a foreign medical graduate doing residency in this country on a J-1 visa is categorically subject to 2- year HRR. What you have heard about your friend\'s wife is just a case of the two year HRR clause not having been added to the visa stamp. You can bet almost anything that she is subject to the 2-yr HRR.
On another note, if the J-1 physician gets a waiver job, is working in a HPSA area (in stead of going to home country for 2 years) and in the meanwhile the spouse gets his I-140 and I-485 approved (with the physician wife\'s name mentioned in both those petitions), what form or process does the physician spouse complete after three years of waiver job to get a green card as she already in USA? (I am also pretty sure that the physician cannot file for an immigrant petition or AOS application on her own or become a beneficiary before completing the three years on the waiver job.) Can somebody throw some light on this matter please. Thanks.
 
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