Adjusting status from a J-1 (married while in status)

[Gherkin 0]

Hi Folks,

My brother (an American) married a lady (a Moldovan) that was here on a J-1 visa (Au Pair program). They married a few months ago and she is currently in status under her J-1 until June 2007. I have perused the message boards extensively and I am confused about how best to proceed from here. I'm trying to help them with the paperwork, having been through the K-1 process myself to bring my fiancee in).

She is NOT subject to the 2 year foreign residency requirement, and we are not particularly worried about any questions of fraud or intent at the time she obtained the J-1.

Does he need to file an I-130? Or can she just file the I-485? I'm thinking that since she is still in status and in the US there is no reason to file an I-130, but I will admit to being somewhat confused about the interplay of the I-130 & I-485. As a practical matter, whatever is going to be filed will be sent to the Immigration office about 2 months before her J-1 expires. If just the I-485, what category would apply for the "Application Type"? I'm assuming "h" at this point since none of the others seem to directly apply.

Thank you for your help.

Troy

TroyCrouse@hotmail.com

[Singers 0]

To answer the first question, yes you/they have to file the I-130.

As to the second question, you would select A.

[Dr_LHA 3]

Does he need to file an I-130? Or can she just file the I-485? I'm thinking that since she is still in status and in the US there is no reason to file an I-130, but I will admit to being somewhat confused about the interplay of the I-130 & I-485.

Yes, your brother needs to file I-130 for his wife. It should be filed at the same time as the I-485 in the same envelope to the Chicago Lockbox.

I'm assuming "h" at this point since none of the others seem to directly apply.

Everyone assumes that, but the answer is actually "A".