I-485 filing for Spouse


hello2gautam

Recommended Posts

My wife is on J1 and her I-140 application was filed on 30th May under EB-1A. Due to death of a family member I went out of USA for one month and I came back on J2 Visa, initially I was on F1 Visa.

Her lawyer is suggesting that I shouldn't file I-485 application with her mentioning that it will be a fraud because J2's intent is non-immigrant. Neither consular at Visa office nor immigration officer asked any question on intent of my visit to USA.

What options do I have to file I-485?? When a foreigner can change his/her intent from non-immigrant to immigrant. Is there any time period prescribed by USCIS ???

Link to comment

Archived

This topic is now archived and is closed to further replies.