Questions about I-130, J-1 visa 2-year stay

[elvispresley 0]

Hi everyone

I am a US citizen and my wife is a citizen of the Dominican Republic. We are seeking to get her green card so she can live with me permanently in the US. She studied in the US for 2 years on a J-1 visa funded jointly by Dominican Republic and South Korea. She finished school in May of 2010 and returned home because of the 2-year home residency requiremet. She has been able to visit the US a few times in the past two years with her B-1/B-2 visitor's visa (this visa she obtained a couple years before she came to study). So far since graduating, she has been in the Dominican Republic for a total of one year and seven months. My wife most recently came to visit in January with the B-1/B-2 and has been here since. She is able to stay here legally with the B-1/B-2 until the second week of July.

In December of 2011 our I-130 was filed and we got the approval letter last week, which stated

The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center (NVC).

We have been looking into getting a J-waiver for some time (so as to not have to serve out the full two years). The only one that applies to us is the no objection waiver, but we have had a hard time getting the no objection statement from the D.R. government, so we are considering that my wife just serve out those last few months.

A few questions

What comes next after filing the I-130? I know if you're in the US, then you file a change of status, but what does that mean? Once you file the change of status, is she allowed to stay in the US legally until we get a decision in the mail?

If she does return home, then do we still have to file the change of status? The USCIS website makes it sound like if the person is not in the US, then you only have to file the I-130. If this is the case, then what do you do once the I-130 is approved?

Which would be the cheaper option?

Also, if she does not finish the five months of her two year home residency requirement, what happens in the final interview? I have heard stories that sometimes that don't even acknowledge it, and you get the green card. I have also heard stories where they count up all the days to make sure you served the full two years. If the latter is the case, then what happens when they tell you that you have to serve the remaining time? After finishing the time, do you have to start your immigration case all over again? Do you get to go back where you left off, at the final interview?

[canadian_wife 1,831]

Since you started the paperwork while she was outside the US, she needs to complete the process outside of the US. She needs to return after her authorized stay in the US expires and return to the DR

No, when she leaves she will not change her status. You can remove that from your future, she does not qualify for change of status.

After the I130 is approved it will go to NVC and you both will be required to submit documents, she needs a police certificate, her original birth certificate, you need tax transcripts, read the guides for help.

It will be up to the CO at the time of the interview as to what happens. If he determines the 2 year requirement has not been met then a visa will not be issued.

Good luck