Need help!!

[saljumah 0]

Hello everyone.I need help with filing for the green card.My husband is here in the usa going to college.We just married may 8th 2007.He is here on a j visa and has to return to his country for 2 years after college.How do we file for his green card?It is no problem for me to go back to his country with him.We have planned on this.But can we apply before we leave the usa and when his 2 yrs is up come back?Im so confused.He has to change his status on his visa he has now.If anyone can give me any info that would be great.Thank you!!

[Silke 1]

If your husband is subject to the 2 year home requirement, he has to go back to his home country and can't file for adjustment of status yet. In 2 years you could file for a spousal visa and bring him back into the country.

[Dr_LHA 3]

Not strickly true, slike. There are waivers you can apply for to get around the 2 year home residency requirement. I suggest that the OP check out this website:

https://j1visawaiverrecommendation.state.gov/

If you get a waiver of the J-1 2 year HRR requirement, then you can go ahead and file AOS. If the waiver is denied, then yes, your husband will have to return to his home country for 2 years.

I would suggest talking to an immigration lawyer if you want more in depth information and help.

Edited May 10, 2007 by Dr_LHA

[saljumah 0]

Not strickly true, slike. There are waivers you can apply for to get around the 2 year home residency requirement. I suggest that the OP check out this website:

https://j1visawaiverrecommendation.state.gov/

If you get a waiver of the J-1 2 year HRR requirement, then you can go ahead and file AOS. If the waiver is denied, then yes, your husband will have to return to his home country for 2 years.

I would suggest talking to an immigration lawyer if you want more in depth information and help.

Thank you for your help.