What is the best way to invite spouse to the U.S. Please help?

[MaxPower11]

Hi. I have a question on inviting my wife to the U.S. I am a permament resident and there are two options, that I'm thinking of.
1) There is a chance that she will be invited as a research scholar to states to work
2) I will file i130 for her but we will be apart for much longer.
Is it a good thing to start with getting a job via j1, and than apply for green card? Can we use adjustment of status for that? is there 90 day rule?
As a permament resident, do I need to wait while the visa number is open or I can file i-485 together with i-130?
What is the best way to do it? What do you think?

[newacct]

Hi. I have a question on inviting my wife to the U.S. I am a permament resident and there are two options, that I'm thinking of.
1) There is a chance that she will be invited as a research scholar to states to work
2) I will file i130 for her but we will be apart for much longer.
Is it a good thing to start with getting a job via j1, and than apply for green card? Can we use adjustment of status for that? is there 90 day rule?
As a permament resident, do I need to wait while the visa number is open or I can file i-485 together with i-130?
What is the best way to do it? What do you think?

Did you marry before or after you became a permanent resident?

[MaxPower11]

Did you marry before or after you became a permanent resident?

After

[newacct]

After

You have to file I-130 to petition for her as the spouse of a permanent resident, in the F2A category, which has a wait for visa numbers of around 2 years. You cannot file I-485 with I-130; I-485 can only be filed in a month where the date in this chart passes her priority date, if she is still in the US at that time; and it will take at least about a year from the filing of I-130 until that might be possible.

They might deny her entry on J1 if they suspect that she will file I-485 during that stay.

Also, make sure her J1 doesn't have a 2-year home residency requirement, because if it does, she can't immigrate (either AOS in the US or Consular Processing abroad) until she has been physically present in her home country for 2 years after J1, unless she is able to get a waiver.

[MaxPower11]

You have to file I-130 to petition for her as the spouse of a permanent resident, in the F2A category, which has a wait for visa numbers of around 2 years. You cannot file I-485 with I-130; I-485 can only be filed in a month where the date in this chart passes her priority date, if she is still in the US at that time; and it will take at least about a year from the filing of I-130 until that might be possible.

They might deny her entry on J1 if they suspect that she will file I-485 during that stay.

Also, make sure her J1 doesn't have a 2-year home residency requirement, because if it does, she can't immigrate (either AOS in the US or Consular Processing abroad) until she has been physically present in her home country for 2 years after J1, unless she is able to get a waiver.

Do we have to wait for her to enter the States with J1, before filling i130? Does i130 influence their decision on J1, since one is for immigration purposes and the other one is not.

[ember]

Do we have to wait for her to enter the States with J1, before filling i130? Does i130 influence their decision on J1, since one is for immigration purposes and the other one is not.

If you file the I-130 before the J-1, USCIS may deny the J-1 since they will see intent to remain.

Again, if the J-1 has a home residency requirement, she may not be able to immigrate until she has lived at HOME for two years (a third country does not count)

So if you file I-130 first, J-1 might get denied, if you file J-1 first, I-130 might get denied (for 2 years).

[MaxPower11]

If you file the I-130 before the J-1, USCIS may deny the J-1 since they will see intent to remain.

Again, if the J-1 has a home residency requirement, she may not be able to immigrate until she has lived at HOME for two years (a third country does not count)

So if you file I-130 first, J-1 might get denied, if you file J-1 first, I-130 might get denied (for 2 years).

There won't be residency requirement in her case, I checked that.
In this case we'll start with J-1 first.
Thank you

[Space]

90 day rule works like this...

It's not a "rule" per say, but <90 days in U.S before filing AoS the USCIS will presume you purposely misrepresented your case on the incoming visa. You will then need to prove you did not do this, which may be a challenge depending on the circumstances.

[newacct]

90 day rule works like this...

It's not a "rule" per say, but <90 days in U.S before filing AoS the USCIS will presume you purposely misrepresented your case on the incoming visa. You will then need to prove you did not do this, which may be a challenge depending on the circumstances.

The "90-day rule" is something in the Department of State's Foreign Affairs Manual. It is not binding on USCIS, which is part of the Department of Homeland Security. It is not specified what USCIS does.