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J1 Visa holder subject to 2-year HRR married to permanent resident, When to file i-130 and i-485?

New York, NY |

I am a J1 visa holder subject to the 2-year home residency requirement. I am married to a Permanent Resident who will get a citizenship in December of 2014 (estimated). After completing my Academic Training in May 2014, I am planning to go back to my home country to serve the 2 years. My question is should I file I-130 now, and then let me wife file for my petition i-485 6 months before my two years are completed so that by the time the petition is reviewed, I have already sever the 2 year and get back to the US quicker.

Or ... should I instead wait for the 2 years to be completed and file concurrently i-130 and i-485? Would this route be quicker? What is the advantage of filing concurrently, delaying?

Thanks.

Attorney Answers 5

Posted

You're a bit confused on the forms ... if you get your visa back home (which it the 'right' thing to do) no one will ever file the I-485 ... it will be a DS-260.

I suggest filing the I-130 when you have about 1 year left on your HRR requirement ... that way your visa will be ready at the US Consul around the same time as your done with the HRR.

Keep in mind that if you come to the US for visits that will ADD TIME to the 2 years.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

Thanks for the clarification. So, after the petition for alien relative (i-130) is approve and I have completed my HRR, can I schedule an appointment for the consulate and fill a DS-260? If my visa gets approved by the consular officer how quick can I travel to the US?

F. J. Capriotti III

F. J. Capriotti III

Posted

It is difficult to say what the processing times will be in 2 years. Plus, in between the Consul and US CIS you have to deal with the NVC. An attorney consultation will help you greatly.

Asker

Posted

Thank you very much... what are the consequences of my wife filing the i-130 now? Why should I wait until around a year before HRR is completed

F. J. Capriotti III

F. J. Capriotti III

Posted

The biggest consequence is that, even if approved, it can be canceled if not 'used' within 1 year. Yes, there are ways to extend the approval ... but you need to be careful.

Posted

If you are returning home for the two years, it is unlikely you will be filing an I-485 ever. You wife can file the I-130 now and you can apply for your immigrant visa when the priority date is current or when your wife naturalizes, provided the two years has elapsed.

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Asker

Posted

If, for example my priority date is today, 9/23/2013 and by the time my HRR is completed the USCIS is processing 1/1/2014, I can apply for my immigration visa immediately after the HRR is completed given that I had not traveled outside my home country during that period?

Posted

File the I-130 now. You will not file an I-485, but an immigrant visa application abroad after finishing your two year requirement.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

It is up to you. I-130 is not restricted by your HHR. One would probably be best served having that one approving during these 2 years. You should also look into whether you could qualify for a waiver of the HHR. Talk to an experienced immigration attorney right here in City to look into it.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

I have already tried to create a case for a waiver by my government refuses to give me a no-objection statement, since government funds were used for my education. What is the disadvantage of filing I-130 now. if any?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

none

Posted

No I 485 will be filed, if you leave the country (which you have to do unless you get a waiver). Consult with an attorney as to ways to proceed.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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