J1 Visa Filing I 130 Waiting for Waiver

[JaneNC 1]

My daughter in law is in the US on a J1 Visa that expires June, 2022. She is married to a US Citizen. She has applied for the J1 2-year residency waiver. Rather than wait for the approval for the J1 Waiver, which takes several months, she wants to submit the I-130, I-130A and I-864 now. When the waiver is approved, she plans to file the I-485 (AOS).

 

My questions are:

 

(1) Can she file the I-130 while here in the US while waiting for the I-130?

(2) Can she submit the I-130 and I-130A electronically?

(3) When and how does her spouse file the I--864?

 

Thanks!

Edited December 30, 2020 by JaneNC

[Crazy Cat 41,884]

 I suggest you all study the process for adjustment of status for a spouse inside the US.  Your question #1 is confusing.  Good luck.

 

 

Edited December 30, 2020 by Lucky Cat

[JaneNC 1]

Thanks for your reply. Question 1 should read:

 

(1) Can she file the I-130 while here in the US while waiting for the J1 Waiver?

 

 

[Crazy Cat 41,884]

4 minutes ago, JaneNC said:

Thanks for your reply. Question 1 should read:

 

(1) Can she file the I-130 while here in the US while waiting for the J1 Waiver?

 

 

Her spouse can file the I-130 at any time...electronically.  The I-130 establishes the relationship between the US citizen and the beneficiary.  It can be submitted before approval of a J-1 waiver.

Edited December 30, 2020 by Lucky Cat

[JaneNC 1]

Thank you! How about the I-864 Affidavit of Support?

[Crazy Cat 41,884]

1 minute ago, JaneNC said:

Thank you! How about the I-864 Affidavit of Support?

The I-864 is part of the I-485 package.  The guide explains it.

[JaneNC 1]

Since I can't edit the original post, I'm going to re-post it here with the corrections:

 

My daughter in law is in the US on a J1 Visa that expires June, 2022. She is married to my son, a US Citizen. She has applied for the J1 2-year residency waiver. Rather than wait for the approval for the J1 Waiver, which takes several months, he wants to submit the I-130, I-130A and I-864 now. When the waiver is approved, she plans to file the I-485 (AOS).

 

My questions are:

 

(1) Can my son file the I-130 while here in the US while waiting for her J-1 Visa Waiver?

(2) Can he submit the I-130 and I-130A electronically?

(3) When and how does he file the I--864?

 

Thanks!

Edited December 30, 2020 by JaneNC

[Crazy Cat 41,884]

Her spouse can submit the I-130 now.....then she can file the I-485 package later.  Some people file them (I-130 & I-485 package) together (concurrent filing), but I am not sure how the need for a waiver will affect the process if the I-485 is filed prior to receiving the waiver..  

 

Edited December 30, 2020 by Lucky Cat

[JaneNC 1]

@Lucky Cat Thanks for your response! That clears it up. I thought the Affidavit of Support needed to be filed with the I-130 and I-130A.

 

She is not permitted to apply for the AOS until she gets a formal approval for the waiver from the USCIS.

 

Will she be assigned an alien number to be used with the I-485 and other forms to be submitted?

[Crazy Cat 41,884]

2 minutes ago, JaneNC said:

She is not permitted to apply for the AOS until she gets a formal approval for the waiver from the USCIS.

That is what I thought, but I wasn't 100% sure.....that makes sense because the I-485 would be denied prior to receiving the waiver.  I don't think the alien number is assigned then, but she would submit a copy of the I-130 receipt or approval notice with the I-485 package.  She should remember to file an I-944 in the I-485 package, too.

[JaneNC 1]

Thanks again @Lucky Cat!

[Boiler 45,525]

She may have an A Number as part of her J.

[JaneNC 1]

By the way, @Lucky Cat, were you referring to Form I-864 (Affidavit of Support) when you said she needs to file Form I-944? with the I-485 package?

[Crazy Cat 41,884]

Just now, JaneNC said:

By the way, @Lucky Cat, were you referring to Form I-864 (Affidavit of Support) when you said she needs to file Form I-944? with the I-485 package?

No.  The I-944 is a self-sufficiency form which is required in addition to everything in the I-485 package.  I don't think the tutorial lists it.

[Crazy Cat 41,884]

https://www.uscis.gov/i-944