AOS and wife

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aos_query001

Registered Users (C)
I am an Indian citizen and I currently live in the state of Minnesota. I am on H-1B visa for past 2 and half years.

I have a question regarding my greencard application that my company has filed for me.
My I-140 got filed in July 04 and is still pending. I got married in July 04 but my wife hasn't yet entered US. She is planning to come in to US for first time on H-4 visa in January 05 when I am travelling to India.

My lawyer is suggesting that I file my AOS now and my wife can file her after she is in US. The reason he is insisting on that is that the visa numbers may retrogress in the January timeframe and we may not be able to file our AOS without a big delay.
I am afraid about many things-
What happens if my AOS gets approved before my wife comes over here to US.
What happens if my AOS gets approved when I am in India in December.
What happens if my wife when she applies for H-4 visa gets refused because my AOS is filed.
What happens at the port of entry to me and my wife if my AOS is approved.

I want to get an opinion on whether it's a good idea to apply for AOS now or wait for a couple of months and apply along with my wife. The risk there though is a possibility of ending up in a huge delay.

Thanks,
mr_query
 
aos_query001 said:
I am an Indian citizen and I currently live in the state of Minnesota. I am on H-1B visa for past 2 and half years.

I have a question regarding my greencard application that my company has filed for me.
My I-140 got filed in July 04 and is still pending. I got married in July 04 but my wife hasn't yet entered US. She is planning to come in to US for first time on H-4 visa in January 05 when I am travelling to India.

My lawyer is suggesting that I file my AOS now and my wife can file her after she is in US. The reason he is insisting on that is that the visa numbers may retrogress in the January timeframe and we may not be able to file our AOS without a big delay.
I am afraid about many things-
What happens if my AOS gets approved before my wife comes over here to US.

Ask her to apply for H1B right now, once she has that in passport in a few weeks, then you can send your I-485.

What happens if my AOS gets approved when I am in India in December.
After filing 485, they will send you finger printing notice, which will be after two months, by then you'll be back in US with your wife. Even if you get FP notice, like Unitednations said, don't go for FP, request to re-schedule, delay it until you are back in US, 485 can not be approved until FP is done. But I doubt it that you'll get FP notice so soon, and approval is a far far possibility.

What happens if my wife when she applies for H-4 visa gets refused because my AOS is filed.
Tell her to apply right now, before you file AOS.

What happens at the port of entry to me and my wife if my AOS is approved.
Nothing


I want to get an opinion on whether it's a good idea to apply for AOS now or wait for a couple of months and apply along with my wife. The risk there though is a possibility of ending up in a huge delay.

File it after she gets H4, and before you leave for India, make sure you have a valid H1 to come back as H1 usually expires in 3 years.

Thanks,
mr_query
Click to expand...


Contrary to Unitednations, I think that your H1 will still be valid if its not expired in your passport, and you are NOT using EAD to work in US.
 
Let me add to all this that the bottomline is that your AOS cannot be approved in the time frame you are talking about. No one can imagine a I-485 being approved in 1 month or so! So do as your lawyer says and apply for your AOS now so that you do not get stuck once dates retrogress.
 
Can anyone tell me -
Let's say I file my AOS in December 04 and my wife comes to US on H-4 in January 05

If visa dates retrogress by Jan 05, can't I file AOS for my wife, even if I 've had my 485 applied for myself? Do I have to wait till priority date becomes current, before I apply for my wife?
 
sertra2002 said:
Let me add to all this that the bottomline is that your AOS cannot be approved in the time frame you are talking about. No one can imagine a I-485 being approved in 1 month or so! So do as your lawyer says and apply for your AOS now so that you do not get stuck once dates retrogress.
Click to expand...
I wouldn't count on NSC not doing their job on time. Since his 140 is not approved there is always a chance of both getting approved concurrently.
Some Nov 2003 filers have got both approved concurrently.
 
aos_query001 said:
I am an Indian citizen and I currently live in the state of Minnesota. I am on H-1B visa for past 2 and half years.

I have a question regarding my greencard application that my company has filed for me.
My I-140 got filed in July 04 and is still pending. I got married in July 04 but my wife hasn't yet entered US. She is planning to come in to US for first time on H-4 visa in January 05 when I am travelling to India.
Click to expand...
Is there any reason why your wife can't come to US before Jan. IMO, you have to bring her to US on h-4 and file AOS ASAP. If she haven't filed H-4, do that immediately. You don;t need a h-1 stamp for that.
 
armie said:
I wouldn't count on NSC not doing their job on time. Since his 140 is not approved there is always a chance of both getting approved concurrently.
Some Nov 2003 filers have got both approved concurrently.
Click to expand...

Please read his timings again, before replying. You say Nov 2003 filers are being approved(that also some!), but he filed I-140 in July 2004, and he is THINKING of filing I-485. So lets say he files I-485 tomorrow (11/12/2004). DO you think he will be FP'd, FP results received and verified, name check done , I-140 approved - ALL BEFORE End of January 2005. It will be Nov 2004 filing...come on be realistic !!!
 
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