en

1. Her fiance is a J1 visa holder, In this case, can they get married immediately and con-file the 140 and 485 together?

They can do it. However, if her hu*****and cannot get waiver before I-485 processed, his 485 will be denied. 另外，140隻與申請人有關，與配偶無關。

    2. Does her fiance need a waiver first?

If he come to China, answer will be YES. Any J1 from China need to be waivered firstly.

    3. How long does it take for the waiver?

Depends. Since there are two steps, firstly from China, another from DOS, I think it need at least half year or even more.

    4. What are the alternative ways if he can not get the waiver?

No.

    5. Can he still live in US with a J1 if they get married but he is not eligible for filing the 485 (because J1 is non-immigant visa)? 

Yes. He could have any visa if he doesn't file 485. If he filed 485, extending J1 will be a problem (but old J1 is still Ok。）.

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• Thank you very much! -soccerfan2006- ♂ (27 bytes) () 09/26/2010 postreply 06:20:20