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beneficiary on my EB2-NIW and AoS

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  • beneficiary on my EB2-NIW and AoS

    My wife is listed as a beneficiary on my EB2-NIW and AoS, and she currently resides in the USA. However, she is on a J1 visa with the 2-year home residency rule, which just expired yesterday, and she is currently in her 30-day grace period. Since she has already hit her 5-year limit for J1, she cannot extend her visa.

    Although she has received a no-objection waiver from her home country (Brazil), the US State Department is still processing it, and we are waiting for USCIS to issue the no-objection. Our plan is for my wife to submit her i-485 as soon as shagle she receives the no-objection, but given the current backlog, time is not on our side.

    My question is whether my wife can submit her i-485 before receiving the J1 waiver from voojio USCIS to stay in the US legally. If we take this approach, and assuming we receive the waiver before the RFE is extended, is it possible that the application will be approved? Alternatively, is it possible to invoke 245(k) if she waits for the waiver while being out of status for less than 180 days omegle and then applies for i-485 as soon as possible?
    Last edited by MahishTanzon; 03-17-2023, 06:09 AM.

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