rahulddesai
Registered Users (C)
Hello everyone,
My wife is a permanent US resident and had applied for my Green Card back in January 2004. I am Indian citizen and already in United States on an H1-B visa. It seems like my PD is about to become current since I have started receiving lot of communication from NVC. I have also sent in $400 fees. I understand that I have the option of doing Consular Processing as well as Adjustment of Status once my PD becomes current. However I want to keep my options open and from what I have heard you can opt for CP and when your PD actually becomes current, you can switch to AOS (the other way around is difficult). Is my understanding correct?
My second question is since I am already in US since May 2002 (first on F1 and now H1), which I-864 should my wife be sending in? Technically speaking, I am not a dependent? Do I qualify for I-864W (exemption from Affidavit of Support)? Or should my wife just send in the regular I-864 with a note that I am already here on H1B and earning a salary? There is also a clause for 40 Quarters as a criteria for exemption. I am assuming that 40 quarters means 10 years of work in US which I obviously don't have.
Any help would be really appreciated.
Thank you all.
My wife is a permanent US resident and had applied for my Green Card back in January 2004. I am Indian citizen and already in United States on an H1-B visa. It seems like my PD is about to become current since I have started receiving lot of communication from NVC. I have also sent in $400 fees. I understand that I have the option of doing Consular Processing as well as Adjustment of Status once my PD becomes current. However I want to keep my options open and from what I have heard you can opt for CP and when your PD actually becomes current, you can switch to AOS (the other way around is difficult). Is my understanding correct?
My second question is since I am already in US since May 2002 (first on F1 and now H1), which I-864 should my wife be sending in? Technically speaking, I am not a dependent? Do I qualify for I-864W (exemption from Affidavit of Support)? Or should my wife just send in the regular I-864 with a note that I am already here on H1B and earning a salary? There is also a clause for 40 Quarters as a criteria for exemption. I am assuming that 40 quarters means 10 years of work in US which I obviously don't have.
Any help would be really appreciated.
Thank you all.