When should a petition be filed?

M

Mrs. Fouquet

New Member
I am a J-1 holder and I will return to my home country on March 1st to fulfill 2 yr HRR. I married a USC in Nov. 2006. I'm wondering when he should file I-130 for me. Right now, or after I spend a year in my home country or after I fulfill my 2 yr obligation? Thanks a lot for any information.
 
I would file now! I am assuming you would rather stay in the US with your husband than have to go home for 2 years. Since you are already in the US on a J visa, you might as well stay and adjust your status. your husband and you file the 130 and 485 at the same time (131 and 765 are optional should you need them).
 
catjupp has missed the point - she is subject to HRR and cannot file for adjustment of status.

If Mrs. Fouquet exhausted her options for an HRR waiver, then Mr. Fouquet should file I-130 for her at any time between now and about a year before her HRR is completed. Once approved, it will be sent to the NVC and then the consulate, and then you will go for an interview when you are eligible to get an immigrant visa.
 
Yes catjupp, the 2-year home residency requirement on the J-1 is one of the few reasons you can be denied AOS that isn't forgiven by being married to a USC. If you look at the I-485 form there is a specific question about it.

The question is, has the OP attempted to get a waiver of the 2year HRR? Its usually not that hard to get.
 
It is hard to get if you got US govt financing. If you are subject based on skills list and your country is willing/able to issue a non-objection letter - it's much easier, but still not guaranteed.
 
You must log in or register to reply here.
Top