Spouse I-130 petition and J-1 Visa

r3gupta

New Member
Hello,

I am a candian citizen married to a US citizen. He has filed an I-130 on my behalf and we have received the notification of receipt to date. I have also been offered a research scholarship position at Berkely starting Jan 2010. They have provided me with a DS-2019 for J-1 eligibility (I am not subject to 2 year home country requirement). Will I be able to travel/work in the US under J-1 status even though an I-130 has been previously filed? Are there any other documents that I need prior to entering the US? Also, while being on the J-1 visa, can I change status to the immigrant status?

I really appreciate your help.

Thank you,
Rohini
 
would like to know as well

Rohini,

I would like to know reply to this question as well.

Pls if you find out answer to this question...pls pm me. I will continue to search as well.
 
Will I be able to travel/work in the US under J-1 status even though an I-130 has been previously filed?
most likely not.

Are there any other documents that I need prior to entering the US?
just your visa and DS-2019.

Also, while being on the J-1 visa, can I change status to the immigrant status?
yes, but do not apply within the first 90 days.
 
Will I be able to travel/work in the US under J-1 status even though an I-130 has been previously filed?
It depends on various factors. Are you inside or outside the US? Was consular processing specified on the I-130? Do you already have J-1 status?
 
Rohini,
The clear answer is No. By filing a I-130, you/your husband showed immigration intent. You are not eligible to apply a J-1.

J-1, by definition is a non-immigrant visa (very similar to visitors). I too went through the same thinking for my spouse before giving up the idea of a J-1. Instead, I applied for I-130 and waitng and waiting.....................

Thanks
 
Top