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J1 Visa vs I 130 petition

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  • J1 Visa vs I 130 petition

    Hi,

    I'm Italian and I am married with US citizen. My wife, that has Italian citizenship also, has always lived in Italy since 1981 when she was 8 years old. Now we want to move to US so she has fil a I 130 petition. But she hasn't any income in US and we need a Joint Sponsor or need my wife's US income. We have not a Joint sponsor but a US company have offer, to us, a job. For me, this company, can offer a J1 visa to come there and work. But I have a I 130 petition pending. The only obstacle to have green card is the financial guarantees that my wife will have next genuary 2020. Is possible or is it convenient to accept a J1 visa and then complete my petition in 1 year? Or receiving the j1 visa would I cancel my 130 petition automatically? If I did not have a green card in 2020, how could I stay there and work? I am struggling to accept the J1 and begin to create an income in the US or expect better guarantees.
    Thanks

  • #2
    Originally posted by niknes View Post
    Hi,

    I'm Italian and I am married with US citizen. My wife, that has Italian citizenship also, has always lived in Italy since 1981 when she was 8 years old. Now we want to move to US so she has fil a I 130 petition. But she hasn't any income in US and we need a Joint Sponsor or need my wife's US income. We have not a Joint sponsor but a US company have offer, to us, a job. For me, this company, can offer a J1 visa to come there and work. But I have a I 130 petition pending. The only obstacle to have green card is the financial guarantees that my wife will have next genuary 2020. Is possible or is it convenient to accept a J1 visa and then complete my petition in 1 year? Or receiving the j1 visa would I cancel my 130 petition automatically? If I did not have a green card in 2020, how could I stay there and work? I am struggling to accept the J1 and begin to create an income in the US or expect better guarantees.
    Thanks
    Check to see if your J1 has a 2-year home residency requirement, because if it does, it means that you cannot immigrate to the US until you have been physically present in your home country for 2 years after your J1.

    This is my personal opinion and is not to be construed as legal advice.

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