US citizen married to H-4 visa holder

[johnjoycejr]

My wife is currently holding an expired h-4 visa and I want to know if she is eligible to apply for residency. Her visa expired several years ago and she originally thought she was on a J-2 and would have to leave the country. Then we found out that her father had adjusted her to h-4 at some point. Will she be able to file a I-485 if I file an I-130 or does she need to file a supplementary document, i.e. the I-612 she would've filed as a J-2. Thanks for the help. This board is a great resource.

 

[dr_lha]

If your wife was subject to 212(E) 2 year rule, then its unlikely that she would have got an H-4 visa I believe. I doubt that you will need to file I-612, just I-130 and I-485 should be enough.

Does her J-2 visa stamp say she is subject to 212(E)?