Q: Can I apply I-485 through my wife NOW while still in J-1 visa waiver or do I need to WAIT till when my waiver finishes?
I started my J-1 visa waiver (as H1B since 2019). I am currently doing my J-1 visa waiver.
During my time in the waiver, I got married. My wife is a US citizen.
I got my I-130 approved.
Can I apply I-485 through her NOW while still in waiver or do I need to WAIT till 2022 when my waiver finishes?
A: You can apply now but you will not get a green card until the waiver is approved, possibly requiring you to request delaying adjudication of the pending I-485. I hope you have a reputable immigration attorney handling your case as these types of waivers are highly complex.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
