AOS to CP! What happens to spouse's 485 status

[kumarkrish]

Guys

If I switch from 485 to CP what happens to my wife's 485? I saw this article in murthy.com's website.

"With respect to the particular question posed, NSC officials indicated that, in order for the dependent to switch from I-485 to Consular Processing, it would be necessary to file a form requesting the change and also to withdraw the I-485. It is INS policy not to allow both the I-485 and the Consular Processing to proceed simultaneously."

http://www.murthy.com/UDaosfam.html

Do I have to withdraw her 485? Has anyone done this before. Please reply if you have done so.

Thanks a bunch in advance.

 

[rohufish]

do NOT withdraw any files!

just file an 824 for yourself, and file AC140 with the receipt - with your wife listed as dependant. only withdraw the 485s after you return after a successful interview.

if you can't do AC140, then just wait until INS sends you a letter before final processing of your 824 - indicate that you want to switch to CP - this will trigger withdrawal of your 485s.