I am a US citizen, wife with J1 visa with 2-year home resident requirement. No waiver has been applied yet (we are concerned about a possible denial).
Questions:
1. Can I still apply I-130 for her even though she is required for 2-year home country resident?
-Yes, but she can not file I-485 until she gets the J-1 waiver. If she files I-485 now, USCIS will send her RFE for J-1 waive and if she can not provide it, her I-485 will be denied and thus, she may be required to leave US if she has no status.
2. Will she be in a legal pending status to stay in the US if she can't have her J1 visa extended?
-No. But her overstay will not affect her green card application.
3. Is that possible she will be issued a temporal GC without J1 waiver?
-Not at all, she must get the J-1 waiver or stay in China for two years so that she can get the green card. See above answer.
4. What else options can she have except J1 visa extention so that she can stay in the US legally?
-She needs to get the J-1 waiver as soon as possible. She can not change her J-1 status to any status within US without J-1 waiver. But her overstay (illegal stay) will not affect her green card application under your sponsor, so it is not big deal.
Many thanks!
