If I am married to an American citizen or lawful permanent resident, when should the immediate relative immigrant visa petition (1-130) be filed?
A. Generally, it should be filed and approved before the hardship waiver is filed. However, there are many other considerations which factor into this decision and before doing so, you should consult with an expert attorney. For example, if the J-1 is going to need to obtain a J-1 visa from a consular post after the relative immigrant visa petition is filed, a consular officer could legitimately deny the J-1 a new visa on the ground that the filing of the visa petition is evidence of an intent to immigrate, and thus the applicant is ineligible for a J-I visa under ยง214(b) of the INA as an intending immigrant.
Related Questions
- Can American citizens resident in France file an immigrant visa petition at another U.S. consulate or American Presence Post?
- Can a U.S. citizen or lawful permanent resident file an immigrant visa petition at any foreign service post?
- When can the family relative apply for an immigrant visa or adjustment of status to permanent resident?
