Adding a spouse (Formerly j1 visa holder) on a Green card EB2 application

[Hoperay 0]

Hello,

I am in H1b visa and my country of birth is India. My employer has filed for my green card under EB2 category.

My fiancé is from Costa Rica. She was born and raised there.

She was in the USA on J1 visa. She recently moved back after the expiration of her visa.

Her J1 visa had a 2 years residency rule in her home country after finishing her J1 visa here in the US.

We are planning to get married.

My question is:

1. Will I be able to add her on to my current Green Card application (my labor is filed and under process)

and then move my green card application from India to Costa Rica using cross chargeability ?

2. After getting married, I have heard that we can apply for a waiver for her 2 years residency by asking the Costa Rican govt to give her a no objection statement (NOS)

How true and easy is that ?

Please help me out with all the doubts that I have so that I can move on with this smoothly.

Any extra inputs would be highly appreciated.

[canadian_wife 1,822]

Have you checked with your employer's lawyer regarding this ?

good luck

[Penguin_ie 5,994]

Just to be clear, if you are going for a H1B that is a work visa, not a greencard application; a greencard, if your employer wants to sponsor you for it, will be several years down the road.. That being said yes, once married she can go for her interview in Costa Rica, and you can interview there too if you wish.