Can my wife submit i-485 before J1 waiver?

[KanitkarRana]

Can my wife submit her i-485 before receiving the J1 waiver from USCIS to remain in the US legally? Is it possible to invoke 245(k) if she waited for her waiver out of status and then applied for i-485? What options can we pursue to avoid her leaving the US after her J1 grace period? Will submitting the i-485 without the J1 waiver result in a straight denial? Can we expedite koowspin the echatrandom process chatrandom due to the current backlog? Is there a chance of receiving the J1 waiver in time for the RFE response?

[HoumirKinkar]

Submitting the I-485 before receiving the J1 waiver may pose risks to your wife's legal status in the US. Generally, it is advisable to have the J1 waiver approved before filing the I-485. Invoking 245(k) may be an option if she meets the eligibility requirements, but it's recommended to consult an immigration attorney to evaluate your specific situation.

To avoid your wife leaving the US after the J1 grace period, exploring alternative legal options such as applying for a change of status or pursuing another visa category might be worth considering. However, the feasibility and success of these options depend on individual circumstances.

Submitting the I-485 without the J1 waiver could potentially lead to a denial if the waiver is deemed necessary for adjustment of status. It is crucial to carefully evaluate the requirements and consult with an immigration attorney to make an informed decision.

As for expediting the process, you can explore the possibility, but it's important to note that expediting requests are generally granted in limited exceptional circumstances. The current backlog may also impact the overall processing time.

Regarding the chance of receiving the J1 waiver in time for the response to a Request for Evidence (RFE), it depends on various factors such as USCIS processing times and the complexity of the case. Timely communication with USCIS and providing all requested documentation promptly can help expedite the overall process.

Remember, it is highly recommended to consult with an experienced immigration koowspin attorney who can assess your specific circumstances and provide personalized guidance based on immigration laws and regulations.