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Can my wife (J2 holder) get Green card if I get a Green card while on J1?Published Apr 18,2013 By GCforPhD
I am a postdoc in US with J1 visa without 2 years residency requirement. My wife is in J2 and also without residency requirement. My question is if I am able to get my Green card through EB1A, can she also get a green card as well?
Additionally, when I am applying for EB1A, will I be in J1 status and my wife is in J2?
The usual procedure is that the primary applicant (you) applies for I-140 and the derivative (your wife and children) and primary apply for I-485. Both of you would get green cards after I-485 is approved. At first, when you apply for I-140 alone, both your status remains unchanged. When you apply for I-485 the status is “pending adjustment of status”. This status is convenient and both of you can get EADs for work and AP for travel abroad. You can apply for I-485 at the same time as I-140 (depending on priority dates) or after I-140 approval.
You can find answers to common questions in a free PDF book on our website at greencardforphd.comPosted in J1