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  1. #1
    Join Date
    Sep 2009
    Posts
    5

    Default J1 Visa Holder Married to a U.S. Citizen

    My wife is a J1 visa holder. We got married in Feb, 2009. She went back to her home country in April, 2009. She is subject to the 2 years rule. We would like to know if we can still file for the green card, since it is only filing, not change of status. Can we filing for the green card now? Cause by the time the application got processed, the 2 years rule expired already.

    Thanks for the help.

  2. #2
    Join Date
    Sep 2009
    Posts
    5

    Default Re: J1 Visa Holder Married to a U.S. Citizen

    I did some searching on the web and found this. I can file the immigrant petition (I-130) and the waiver at the same time. Once approval of the immigrant petition is obtained, my wife will need to satisfy the two-year Foreign Residency Requirement before she is eligible to apply for an immigrant visa. She may satisfy the Foreign Residency Requirement by either obtaining a waiver or residing in your home country for two (2) years. If the waiver is denied, then she will have to wait for the 2 years to apply for an immigrant visa.

    Please let me know if there is anything I miss.
    Thanks

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