Grandville, MI asked in Immigration Law for Michigan

Q: Can we file the I-130 form after my wife's visa expires?

My wife and I got married February 15. Her J-1 visa expires March 5th. Is it ok if we file the I-130 form after her visa expires? Supposedly she gets a month after her visa expires, but we would like to know if we need to rush to get it done now (living a state away until her program ends in March.)

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2 Lawyer Answers

Kelli Y Allen

  • Immigration Law Lawyer
  • Charlotte, NC

A: You first need to determine whether she is subject to the 2-year foreign residency requirement. Then what you file when will be based on whether you are a US citizen or permanent resident. Consult with an immigration attorney for a full analysis of your case.

Michael Hugh Carlin

  • Immigration Law Lawyer
  • Ann Arbor, MI
  • Licensed in Michigan

A: You may file the I-130 at any time. You don't need to wait for anything in particular. Because your spouse has a J-1 visa, she might be required to return to her country for 2 years. So, we would need to determine whether she is required to return home for two years, and if she is required to do that, whether or not she might qualify for a waiver of that requirement.

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