Marriage Green Card with 2 yr J1

[Homerun 0]

Hello,

 

Background details:

Myself: US Citizen

 

Spouse: Japanese Citizen residing in Japan with two year home stay requirement from J1

 

We got married back in mid 2019 in the US. She can return to the US in early 2022, and we wanted to have her green card available so that she can work upon arrival.

 

How soon can I start to file for her Marriage Green Card so that she can work upon arrival?

Or do we need to wait until after two year home stay requirement is completed, and then file?

 

Thanks

 

[igoyougoduke 1,674]

as soon as you can file. Stay at home requirement is not  a deal breaker to file for CR1 

[jan22 3,056]

1 hour ago, Homerun said:

Hello,

 

Background details:

Myself: US Citizen

 

Spouse: Japanese Citizen residing in Japan with two year home stay requirement from J1

 

We got married back in mid 2019 in the US. She can return to the US in early 2022, and we wanted to have her green card available so that she can work upon arrival.

 

How soon can I start to file for her Marriage Green Card so that she can work upon arrival?

Or do we need to wait until after two year home stay requirement is completed, and then file?

 

Thanks

 

You can file the petition any time you want.  A visa cannot be issued, however, until she has met the home residency requirement unless she obtains a waiver of the requirement.

[Just Paul 4,595]

1 hour ago, Homerun said:

we wanted to have her green card available so that she can work upon arrival.

CR-1 visas are endorsed at a green card at the POE. She should already have a SSN from the J1.

[Just Paul 4,595]

You can file the I-130 now.  No need to wait.

[Homerun 0]

Ok. Thanks for info. So beginning now is the best idea then everyone seems to state. We didn’t want to start and then have to pay and repeat due to 2 year requirement.

 

 

[Just Paul 4,595]

1 minute ago, Homerun said:

Ok. Thanks for info. So beginning now is the best idea then everyone seems to state. We didn’t want to start and then have to pay and repeat due to 2 year requirement.

 

 

J1 has nothing to do with USCIS and the petition.  Also an I-130 never really "expires".

[Homerun 0]

What power then does the state department have in regards to the process? If they can enforce a J1. Then isn’t there some correlation to USCIS and a current J1 with 2 year restriction?

[Just Paul 4,595]

11 minutes ago, Homerun said:

What power then does the state department have in regards to the process? If they can enforce a J1. Then isn’t there some correlation to USCIS and a current J1 with 2 year restriction?

You didn't go into detail about the nature of the J1 2 years at home requirement.  Depending on the basis of the J1 restriction, she needs a waiver from the State Department and  / or home country statement. see https://www.boundless.com/immigration-resources/how-to-change-your-status-from-a-j-1-visa-to-a-green-card-through-marriage/#:~:text=The home residency requirement means,during this two-year period.  as a guide.   An I-612 may also need to be filed.

 

Otherwise you can file now and interview after the requirement is met.

Edited July 8, 2020 by Paul & Mary

[SalishSea 18,067]

On 7/8/2020 at 10:21 AM, Homerun said:

What power then does the state department have in regards to the process? If they can enforce a J1. Then isn’t there some correlation to USCIS and a current J1 with 2 year restriction?

DOS and USCIS are separate agencies.  USCIS can approve petitions for people who are inadmissible for visas, or, in your case, waiting out the 2 year requirement.  

 

Personally, I would petition now, since the immediate future of the USCIS workforce is gravely in question.