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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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I would like to consult you regarding my wifes immigration

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I would like to consult you regarding my wife's immigration status/process.

She is currently here and working with a H1 visa, she had previously been here on a J1. We are married and I am a US Citizen (born here).
My questions:
1. What is what is the best (quickest) process for her to become a citizen?
2. Should we file a I130 and I485?
3. If she leaves the country, (travels home to see a sick relative) will she be able to enter the US again without going to the US embassy?

Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

Is she subject to 212(e), 2-year home residency requirement? It does not appear to be the case, but I want to make sure before answering your questions. Take a look at her visa stamp in her passport (the J-1). You should be able to tell if she is subject.
Customer: replied 3 years ago.

I thought that the 2 year requirement was for a J1 visa. (which she did come to this country on), but she is now on a H1b visa so Im not sure if that requirement remains.

Customer: replied 3 years ago.

Her J1 visa does say that she is subject to the 2-year home residency requirement. But that has been waived for now as she is working here on a H1 visa

Thank Mike,

If she had the 2-year residency requirement waived, then she should be eligible for the adjustment of status process.

So to answer your original questions:

QUESTION 1: What is what is the best (quickest) process for her to become a citizen?
ANSWER: There is no "best (quickest)" process for her to become a citizen. There is only one way. She needs to go through the marriage based Adjustment of Status process to become a permanent resident and get her green card. She must be a green card holder/permanent resident for at least 3 years in order to be eligible to apply for naturalization to US citizen.

QUESTION 2: Should we file a I130 and I485?
ANSWER: Yes. That is how you petition and she applies for the adjustment of status.

QUESTION 3: If she leaves the country, (travels home to see a sick relative) will she be able to enter the US again without going to the US embassy?
ANSWER: Yes,she could re-enter on the H1B if the employment is still valid. However this is not the way she should travel because it will lead to abandonment of the Adjustment application.

She should submit form I-131, Application for Travel Document, to seek Advanced Parole. Travel with this will allow he to leave the US and return while adjustment of status is pending, and her Adjustment application will not be abandoned.

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