AOS while spouse is not in US

H

hawke

Registered Users (C)
Hi I am currently in US on H1B, my brother applied I-130 which is approved but my PD is not current which is Oct 2002 and currently it is Oct 2001 as of Sept 2010. I am in US and my spouse and kids are in Pakistan my question is, if PD become current and I am in US but my wife and kids are in Pakistan is it possible that I apply for AOS for myself and my wife (her name was included in the I-130 at the time of filling) and kids go through consular processing at the same time or we all have to go through consular processing.

Second If I apply changes of status from H1B to F1 and before decision from USCIS my visa and 1-94 expire what will be my legal status can I stay in US until I receive decision from USCIS, in case of denial in change of status how many day do I have to leave the country and what will be my status if the I-94 expire until I receive the decision.
Kindly help me in this regard.
Thanks
 
Your wife has to be in the US when the AOS is filed. Otherwise she will have to use consular processing, just like the kids.

But why don't you bring her and the kids into the US on H4?
 
Hi Jackolantern,

Thank you for your reply as I mentioned that I am in the process of change of status from H1 to F1, I don't know they can get visa as a dependent of F1 because I don't have any time left to get their visa as H4.

I just want o confirm that if they are not in US then do I have to file a petition for them or they can directly go for consular processing.

Thank you again for your reply
 
Each of your family members who is going to pursue adjustment of status must be in the US at the time of filing the I-485, and must remain in the US until they get Advance Parole. So if your plan is that you would be alone in the US and your wife and kids remain in Pakistan, you would file AOS for yourself and your wife and kids would go for consular processing.
 
Then I think if they can not get dependent visa then I should go back to pakistan and we all go for consular processing.


thank you
 
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