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Hello,
I have a complex problem that involves several subareas, so I thought this might be the best forum to seek advice. My apologies if it is not.
My wife, who is listed as a beneficiary on my EB2-NIW and AoS (Adjustment of Status) and currently resides in the USA, is currently on a J1 visa with the 2-year home residency rule.
Her J1 visa expired yesterday, and she is currently in her 30-day grace period. However, she has reached the 5-year limit for J1 visas and cannot extend it.
She has received a no-objection waiver from her home country, Brazil, and it was sent to the U.S. State Department on November 3rd. We are currently waiting for the US State Department to issue the no-objection to USCIS (U.S. Citizenship and Immigration Services).
My wife's plan is to submit her I-485 (Application to Register Permanent Residence or Adjust Status) as soon as she receives her no-objection. However, time is not on our side due to the current backlog in processing times.
My question is whether my wife can submit her I-485 before receiving the J1 waiver from USCIS to remain in the US legally. In this scenario, we hope that the waiver will be received when the request for evidence (RFE) is issued. Or would it result in a straight denial?
Is it legally possible to invoke 245(k) if she waited for her waiver while being out of status (for less than 180 days), and then applies for I-485 as soon as possible?
Are there any other options we can pursue to ensure that she is not forced to leave the US after her J1 grace period ends?
Thank you for any guidance koows or koows and advice you can provide.
I have a complex problem that involves several subareas, so I thought this might be the best forum to seek advice. My apologies if it is not.
My wife, who is listed as a beneficiary on my EB2-NIW and AoS (Adjustment of Status) and currently resides in the USA, is currently on a J1 visa with the 2-year home residency rule.
Her J1 visa expired yesterday, and she is currently in her 30-day grace period. However, she has reached the 5-year limit for J1 visas and cannot extend it.
She has received a no-objection waiver from her home country, Brazil, and it was sent to the U.S. State Department on November 3rd. We are currently waiting for the US State Department to issue the no-objection to USCIS (U.S. Citizenship and Immigration Services).
My wife's plan is to submit her I-485 (Application to Register Permanent Residence or Adjust Status) as soon as she receives her no-objection. However, time is not on our side due to the current backlog in processing times.
My question is whether my wife can submit her I-485 before receiving the J1 waiver from USCIS to remain in the US legally. In this scenario, we hope that the waiver will be received when the request for evidence (RFE) is issued. Or would it result in a straight denial?
Is it legally possible to invoke 245(k) if she waited for her waiver while being out of status (for less than 180 days), and then applies for I-485 as soon as possible?
Are there any other options we can pursue to ensure that she is not forced to leave the US after her J1 grace period ends?
Thank you for any guidance koows or koows and advice you can provide.
