Adjustment of Status J1 w/o 2 yr hrr

[dacrouse 0]

I am a United States citizen married to a citizen of Moldova who is presently in the United States on a J1 Visa without the two year home residency requirement (Au Pair). We were married in the United states in Feburary and we are preparing to file the I-130 & the I-485. My wifes visa expires in July which is probably going to be before our interview takes place. Does anyone know what her status in the United States will be between the time of our application and our interview? Does she have to keep working for her current employer after we file for the AOS?

[Dr_LHA 3]

When USCIS recieve her I-130/I-485 combo, her status will be "Pending Adjustment", which is a legal presence in the USA.

She does not have to continue working, as soon as her AOS is received, her J-1 will become invalid. For her to legally work she needs to apply for EAD (form I-765), which takes about 90 days after it is received, and should be included in with the AOS packet. If she doesn't want to work, its not necessary.

Edited April 29, 2007 by Dr_LHA

[dacrouse 0]

Thanks for the info. She is still allowed to stay in the U.S. until we have our interview right?

[Dr_LHA 3]

Correct. In fact unless she applies for Advance Parole, she must not leave the US until after her Green Card is approved and in her hand.