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Can I file I-140 immediately if my spouse enters in USA in nonimmigrant visa?

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  • Can I file I-140 immediately if my spouse enters in USA in nonimmigrant visa?

    Hello,

    My concern is can I file I-140 soon after my spouse reenters in USA in J2-visa? I'm aware of the 60 day rule before which I should not prepare any document for I-485 filing, which I'll obey. But should I wait for a specific time to file even I-140? My concern is because the I-140 approval notice will be shown in the I-485 package while filing. Will there be any visa fraud issue? Can someone suggest me anything regarding this.

    Thanks,

  • #2
    Originally posted by shubhajitpaul View Post
    Hello,

    My concern is can I file I-140 soon after my spouse reenters in USA in J2-visa? I'm aware of the 60 day rule before which I should not prepare any document for I-485 filing, which I'll obey. But should I wait for a specific time to file even I-140? My concern is because the I-140 approval notice will be shown in the I-485 package while filing. Will there be any visa fraud issue? Can someone suggest me anything regarding this.

    Thanks,
    There is no such thing as a 60 day rule. That is sheer nonsense. As far as AOS is concerned it does not matter whether you applied immediately or 2 yrs. later, as long as all the other requirements are met.
    Just an opinion; Not legal advice.

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