V Visa stamping in India

[gcwaitforever]

Hi ,
My V visa application (and EAD ) have been approved . The next step is to go out of the country and get my passport stamped . Does anyone have an idea of what documents we need and the best way to approach it is ? Since I am already in the US can I go to Toronto and get it stamped ? I would appreciate any help . Thanks .

[usnycus]

Required Documents:

1) passport
2) 2 completed DS-156 (non-immigrant visa application) forms
3) 2 completed DS-3052 Supplemental Application Forms
4) 2 non-immigrant visa photos
5) copy of official birth certificate and the original.
6) Registered marriage certificate and other proof of relationship to the petitioner.
7) Proof of relationship to any children who are applying with you.
8) Proof of the legal termination of any previous marriage: death certificate of spouse, or decree of divorce or annulment (if any)
9) Proof of your petitioner's legal status in the United States.
10) Police Certificate
11) Court and prison records (if any)
12) Evidence of Support: A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.
13) A medical examination from one of our panel physicians.
14) A demand draft for the visa application fee.

Check following site for further details:
http://travel.state.gov/visa/V_visa.doc

[sap12452003]

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I applied for COS(H1-V1) & EAD (along with V1 COS application). Both COS & EAD was approved in Jan 2004(Both Valid till Jan 2006). Then In May 2004, my spouse naturalizes(became US citizen) I applied for AOS(Filed only I-485 along with I-130 approval notice, but didn't applied for EAD or AP application).

I was checking the regulation concerning the V status in Federal Register, which addresses the issue of V status, while petitioner spouse becomes US citizen. It says Following

“If the LPR petitioner of the Form I-130 that qualified the beneficiaries for V nonimmigrant status becomes a United States citizen, the petitioner's spouse and children (and any derivative child) will no longer qualify for V nonimmigrant status as defined under section 101(a)(15)(V) of the Act. Their V status will expire when the current period of authorized admission ends, and they will not be eligible to renew V status.”

However, it doesn't give any specifics of EAD & AP.so, now my concerns are

1. Can I continue working on EAD, which was issued along with V1? or do I have to stop working & apply for another EAD, based on pending AOS?

2. Do I have to get the AP, if I wanna travel?, If I want to travel w/o AP, as Form I-485 says, that V visa holder don't need it, Would I be eligible to get V visa abroad, as now I have pending I-485, but my wife is USC.


Attorney or some Knowledgeable persons attention/answer is really appreciated.
Please, reply..

[sap12452003]

Any response?