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?
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.
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.
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