My Fiance J1 status DS2019 ends Feb 14, I know there is a 30 day Grace period before she Has to leave the country, we got married FEB 9, she is agricultural engineering.
I am in the process of getting the NO Obligation letter from my home country (Minister of Edu) but what I am not sure is the order and coordination of when to apply for waiver and I-130-I485, Main Question is how to present the I-130, should I attach a copy of the Waiver saying:
HEY IT IS ON ITS WAY?
I am thinking I can do the first part of Waiver ASAP and send them the No objection letter and wait to last min (Feb 14 or March 14??) Then apply for her green-card even without the Waiver and as soon as the waiver arrives, I can hope by then my I-130 is still not rejected and I can attach the waiver to it,
I am willing to pay for consultation of $500 and review my work,
Are you a US citizen? You are going about it the long way. There is an easier way to achieve your desired outcome.
A consultation is recommended for further guidance and discussion.
Unfortunately AVVO Lawyers cannot solicit on the forum. You have to make the contact for a consultation.
All answers submitted in response to posted questions are for general information purposes only and must not be construed as legal advice. Seek legal advice via a private consultation directly with all pertinent facts of your case in plain view for discussion. The nature of this forum is to render general advice only.
Your wife will be forgiven any overstay when she adjusts through you a USC and immediate relative. However, before she overstays make sure you both qualify in every respect for the adjustment.
She does not need the waiver to file the I-130 but will need it for the I-485. If she remains in the USA and her I-94 expires she risks a ban.
Best to discuss the situation with an experienced immigration attorney.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship.
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