Can I file I-140 immediately if my spouse enters in USA in nonimmigrant visa?

[shubhajitpaul]

Hello,

My concern is can I file I-140 soon after my spouse reenters in USA in J2-visa? I'm aware of the 60 day rule before which I should not prepare any document for I-485 filing, which I'll obey. But should I wait for a specific time to file even I-140? My concern is because the I-140 approval notice will be shown in the I-485 package while filing. Will there be any visa fraud issue? Can someone suggest me anything regarding this.

Thanks,

[scientist2016]

Hello,

My concern is can I file I-140 soon after my spouse reenters in USA in J2-visa? I'm aware of the 60 day rule before which I should not prepare any document for I-485 filing, which I'll obey. But should I wait for a specific time to file even I-140? My concern is because the I-140 approval notice will be shown in the I-485 package while filing. Will there be any visa fraud issue? Can someone suggest me anything regarding this.

Thanks,

There is no such thing as a 60 day rule. That is sheer nonsense. As far as AOS is concerned it does not matter whether you applied immediately or 2 yrs. later, as long as all the other requirements are met.