Aos & Cp

T

thewebman2002

Registered Users (C)
ALL,

I had some questions regarding CP/AOS and would greatly appreciate any help/feedback.

1) If I am taking the route of AOS and my spouse is taking the route of CP, how long is the difference in the two processes currently? Last year, the difference was ~2 months; Is it still the same or has the difference increased?

2) If CP is taking too long, Is the following route possible:

Can my fiance enter the USA on a visitor visa visiting other relatives and I can get married to her and file for her AOS in the US?

3) If the above is not possible, can she visit me on a visitor's visa after we are married and I have filed for her CP? And she can stay with me in the US and go back to India for her interview regarding CP. Is this possible?

4) If the above is not possible either, what are the alternatives/options for my spouse to be with me when we are following two different processes (AOS and CP)?

Any help and cooperation is greatly appreciated. Thanks.
 
Option 1
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If you are taking the route of Adjustment of Status, your spouse(NOT FIANCE), whom you leagally married, prior to your date of Adjustment of status aproval, can start CP , as a follow-to-join dependent. Ideally, It can only be done after 'YOU' the pricipal applicant became a Permanent Resident.

Option 2
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She can travel to US on any Non immigrant visa, and then after your marriage while in the US, you can include her in your Adjustment Application, even if it has already been filed. Adjustment of status is relatively taking longer in most Service Centers.

Option 3
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You both get married overseas and then you file for CP, along with her.

You would have to choose between the options, consdering your situation.

Since you are not a US citizen, you cannot sponsor your Fiance. The Marriage should occur prior to you becoming a permanent resident, otherwise you would have to wait a long time to sponsor her a GC.


Hope this helps.


---All disclaimers apply---






Originally posted by thewebman2002
ALL,

I had some questions regarding CP/AOS and would greatly appreciate any help/feedback.

1) If I am taking the route of AOS and my spouse is taking the route of CP, how long is the difference in the two processes currently? Last year, the difference was ~2 months; Is it still the same or has the difference increased?

2) If CP is taking too long, Is the following route possible:

Can my fiance enter the USA on a visitor visa visiting other relatives and I can get married to her and file for her AOS in the US?

3) If the above is not possible, can she visit me on a visitor's visa after we are married and I have filed for her CP? And she can stay with me in the US and go back to India for her interview regarding CP. Is this possible?

4) If the above is not possible either, what are the alternatives/options for my spouse to be with me when we are following two different processes (AOS and CP)?

Any help and cooperation is greatly appreciated. Thanks.
Click to expand...
 
Last edited by a moderator:
Thanks. This is very helpful. I had couple more questions.

1)
If the following option is considered

Option 1
-----------
If you are taking the route of Adjustment of Status, your spouse(NOT FIANCE), whom you leagally married, prior to your date of Adjustment of status aproval, can start CP , as a follow-to-join dependent. Ideally, It can only be done after 'YOU' the pricipal applicant became a Permanent Resident.



I believe, my spouse cannot enter the US till her CP has been approved in India. Is that a true statement? Or can she visit me on a vistior's visa and go back for her interview at the appropriate US consulate?

2) Do you know how much faster is CP compared to AOS? A relative ball-park estimate might be helpful.

Thanks so much!
 
Originally posted by thewebman2002
Thanks. This is very helpful. I had couple more questions.

1)
If the following option is considered

Option 1
-----------
If you are taking the route of Adjustment of Status, your spouse(NOT FIANCE), whom you leagally married, prior to your date of Adjustment of status aproval, can start CP , as a follow-to-join dependent. Ideally, It can only be done after 'YOU' the pricipal applicant became a Permanent Resident.



I believe, my spouse cannot enter the US till her CP has been approved in India. Is that a true statement? Or can she visit me on a vistior's visa and go back for her interview at the appropriate US consulate?
-----------------------------------------

Answer:

You are right. She will be refused a Non-immigrant visa based on her dual intend. Once she has an Immigrant Visa petition pending, she will be refused a Non-immigrant visa (Except H/L visas). If you are on H or L visas she can get dependent visas. In your circumstance I would try to make sure she gets a Visitor visa, before I proceed my Adjustment of Status. If not I would go for CP for both together.

Once she got a visitor VISA and she is here in the US, you both can get married, so that she derrves your Visa/immigration status as a dependent . Then you can choose between either Adjustment/CP. If Adjustment, then both of you are in status and no need for any VISA as long as the Adjustment petition is pending. If applying for CP. She can be here with you until the time of interview, provided you file an extension of stay for her based on your visa status as a dependent(H4 etc).



2) Do you know how much faster is CP compared to AOS? A relative ball-park estimate might be helpful.
-------------------------------------------------------



Answer:

at this time CP is faster at least by an year or more. It may vary based on a number of parameters such as Service center, your category, The Consular post you are opting etc..



Thanks so much!
Click to expand...
 
Last edited by a moderator:
Thanks again! This is very helpful. One more question:

If I am on EAD and my H1 is expired, Can I still get married to her when she is in the US (on a vistiors visa) and apply for her AOS? Can she stay with me since her Adjustment petition is pending? Or does she have to go back since she doesn't have a visa status as a dependent?


Thanks again and sorry for the inconvenience!
 
Originally posted by thewebman2002
Thanks again! This is very helpful. One more question:

If I am on EAD and my H1 is expired, Can I still get married to her when she is in the US (on a vistiors visa) and apply for her AOS? Can she stay with me since her Adjustment petition is pending? Or does she have to go back since she doesn't have a visa status as a dependent?


Thanks again and sorry for the inconvenience!
Click to expand...

After your marriage, she can file an adjustment of status as a dependent, and from that time on she will be IN-STATUS. She can also apply for an EAD, only if she intends to WORK in the US. Similarly she can apply for Advanced Parole, Only if she wants to Travel IN/OUT of US while the Adjustment petition is Pending. Other wise JUST FILING of a non-frivolus Adjustment petition will be sufficient.

If she is filing after you have filed for Adjustment of status, then include a copy of your Receipt Notice.

Never wait too long before you marry(again its your call), after you file your petition, as Adjustment petition in very very rare can get approved in months.
 
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