May my US permanent resident husband file for an I-130 (Alien Relative) petition for me while I have the J-1 Foreign Residency R

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Hi. I had a J-1 visa with the foreign residency requirement. Now I have a F-1 visa to study in the US. I DO know that I still have to fulfill the foreign residency requirement or get the waiver of the requirement in order to adjust status in the US in the future. May my US permanent resident husband file for an I-130 (Alien Relative) petition for me while I have the J-1 Foreign Residency Requirement ? Thank you

Attorney Answers

3
Adan Vega ·
Your U.S. resident spouse can proceed to file the FORM I-130 on your behalf. However, you will not be able to file the FORM I-485 until the visa is available and you obtain a waiver of the foreign residency requirement.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
1. Even when there will be an immigrant visa number available for you under the F-2A category, as the spouse of a green card holder after approx. a year and a half from the time your spouse will have filed an I-130 petition on your behalf, you will not be eligible to "adjust status" in the USA unless first obtain a "Waiver" of the 2 year HRR to which you are subject. 2. Yes, LPR husband can file the I-130 while still subject to the 2 year HRR rule.
0 upvotes
J Swaim ·
Yes he can file the I-130 but after that you will not be able to get a nonimmigrant visa at a US consulate so factor that in. By nonimmigrant I mean F-1 or J-1, or visitor's.
0 upvotes

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