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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4894
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am getting ready to file a stand-alone I-130 husband who

Customer Question

I am getting ready to file a stand-alone I-130 for my husband who is a Spanish national. I have two questions pertaining to this application: 1) we currently have a pending J-1 visa waiver (which already received a favorable recommendation from the Spanish
embassy). Should I wait for the waiver or can I file the I-130 right now? 2) Can my husband travel to the US for non-immigrant purposes (he is collaborating with NC State for scholarly research) without negatively impacting his application, as is the case
with a pending AOS application?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

1) Yes, you can but it is recommended to wait until the waiver is approved.

2) Legally, yes he can travel. However he may have an issue coming into the US to visit if he has the I-130 filed because the officers will then know that he has immigrant intent to eventually live in the US. It should not affect the pending J-1 visa waiver however.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
thanks for the quick reply, Jennifer. Why is it better to wait?
Expert:  Jen Marie, Esq. replied 1 year ago.

I have just found in my experience that it can get confusing for USCIS to adjudicate the I-130 while the waiver is pending. It may be fine, but to be on the safer side, I wait with my clients. You can do it if you wish.

I hope that helps to clarify and that I have now earned your positive rating.