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I tried posting this previously but it doesn't look like anyone can reply to my post so I will try again.

I am currently I the UK fulfilling my 2 year home residency requirement after previously having. J1 visa. My US spouse has UK residency and we plan to relocate to the US once my 24 months have been completed.

My question is - can we send the I-130 petition now? I still have around 12 months left that I need to be in the UK but I was wondering if and when we received the NOA 2 pack, could I then just wait until my 12 months are almost up to complete the process?

Would be grateful for any feedback.

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Yes, that will work. Btw, did you look into getting a waiver for the J1?


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Yes, that will work. Btw, did you look into getting a waiver for the J1?

Thanks for your reply. I did consider trying for a waiver but I couldn't find the paperwork that came with the visa to get the document numbers. I contacted the embassy in London and they couldn't provide me with the details either so my wife moved to the UK instead. We plan on relocating this time next year.

I would really like to get the I-130 petition approved just now so I'm very glad to know that we can do it now. Thanks for the advice.

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We applied for the I-130 about a year before my wife completed her 2-year home residency requirement, and she arrived at home almost exactly at the 2-year mark. The dates are in our timeline. Check the average timelines and you can see how far ahead you need to apply. Good luck!

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We applied for the I-130 about a year before my wife completed her 2-year home residency requirement, and she arrived at home almost exactly at the 2-year mark. The dates are in our timeline. Check the average timelines and you can see how far ahead you need to apply. Good luck!

Thank you so much for the information.

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You're welcome. I remember this being difficult to find when I was searching for it. You just have to schedule your interview date on or after the date you complete the 2 year home residency requirement.

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But you are planning to do DCF right? The I-130 will be approved in a matter of weeks so there is no need to send it so early.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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We had the interview before I completed 2 year home residency rule (there was less than one month left to complete). The consular officer informed us during the interview that if at the day of the interview your 2YHRR obligation is not fulfilled, then there are two options: 1) the case can be put on hold (Section 221G of INA) until the 2 year HRR is fulfilled, or 2) if the amount of time left to complete 2YHRR is rather small (like it was for me), then the consular officer has the right to waive the remaining time.

At first I was concerned that my interview was scheduled before I completed 2YHRR, but it turned out that there are no problems at all, so my remaining time was just waived.

Good luck to you!

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But you are planning to do DCF right? The I-130 will be approved in a matter of weeks so there is no need to send it so early.

Thanks. I know it will probably be fine to wait but I have a nagging feeling in my head of getting it approved before the election in November.

We had the interview before I completed 2 year home residency rule (there was less than one month left to complete). The consular officer informed us during the interview that if at the day of the interview your 2YHRR obligation is not fulfilled, then there are two options: 1) the case can be put on hold (Section 221G of INA) until the 2 year HRR is fulfilled, or 2) if the amount of time left to complete 2YHRR is rather small (like it was for me), then the consular officer has the right to waive the remaining time.

At first I was concerned that my interview was scheduled before I completed 2YHRR, but it turned out that there are no problems at all, so my remaining time was just waived.

Good luck to you!

This is good to know - thank you for sharing. My plan is to do just what you guys did.

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