filing I-485 for spouse during J1 grace period? (merged threads)

[mike q 0]

really good point on the definition difference there, thanks HRQX;  consular processing would be a last resort as we are trying to keep her in the US.

Edited April 18, 2021 by mike q

[aaron2020 11,651]

1 hour ago, mike q said:

I think there's another argument that help build the case that we should file I-485 by 4/30, though please correct me.  1/ filing by 4/30, the worst case is I-485 denial due to lack to J1 waiver approval at the time of I-485 submission. 2/ filing by 5/30, the worst case is I-485 denial due to ineligibility- filing after J1 visa expires.  I think it would be a lot more difficult to build an appeal case in the second scenario vs the first as we could probably just re-submit I-485 with the waiver approval in first scenario.

It's not going to work.

She would still be out of status if you re-submit the I-485 which makes her ineligible to adjust status.  

You can only appeal if USCIS makes a mistake.  In both scenarios, the mistakes are yours so you will not succeed with an appeal.  You will make a simple case into a horrible case.

 

Sometimes separation is part of the immigration process.  You may need to accept this.  

[mike q 0]

what do you guys think about this doc?  it says it's for employment visas but it also talks about J visa on page 6

 

https://www.uscis.gov/sites/default/files/document/memos/245(k)_14jul08.pdf

 

"An F (student) or J (exchange visitor) nonimmigrant is considered in “status” for such authorized period of time before and after completion of his or her educational objective or program in accordance with 8 CFR 214.2(f) and 8 CFR 214.2(j), respectively, provided that the F or J nonimmigrant has not violated the terms and conditions of his or her status."

[mike q 0]

actually nvm, I mis-read it.

[mike q 0]

I found this policy that should help my case quite a bit.  It says with No Objection J-1 waiver cases, we don't need to have the waiver on-hand when we submit the I-485.  not sure if this policy is still current though...  https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm45-external.pdf

[mike q 0]

facts: 1/ I'm a green card holder (not a citizen) filing for my wife's I-485 who's in the US on J-1; 2/her J-1 expires on 4/30 and we want to file I-485 by 4/30 as we are not sure if we can file during her 30-day travel grace period. 3/unlikely to get USCIS final wavier approval by 4/30.

 

On page 21 of this AFM - "Chapter 45 Waiver of Section 212(e) Foreign Residence Requirement";
Note 2 - A “no objection” case is the only situation where the alien is allowed to file an adjustment application concurrently with waiver request". Question - does this mean for No Objection waiver case, we can file I-485 before final USCIS approval? we have the DOS Favorable Recommendation. I-130 filed last year.

 

https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm45-external.pdf
 

[Crazy Cat 41,898]

Didn't you just ask this a week ago?

 

 

[mike q 0]

I actually just found this in I-485 instruction.  guess i should have read the instruction first...

 

looks like am ok to file I485 with the DOS FR

[Crazy Cat 41,898]

2 minutes ago, mike q said:

I actually just found this in I-485 instruction.  guess i should have read the instruction first...

 

looks like am ok to file I485 with the DOS FR

Make sure she has NO days of unlawful status.....or the case will be denied...as was explained in your thread last week.

[mike q 0]

yep, will file before her J1 visa expiration. thanks

[Ryan H 3,812]

~~~Duplicate threads merged; do not start multiple threads on the same issue.~~~