Can your spouse do CP while you are adjusting status???

K

Kiwi

Registered Users (C)
I have filed for AOS (MD 12/21/01; RD 01/07/02; ND 01/10/02 App. No. WAC-02-083-NNNNN). In the meantime my spouse\'s I140 has been approved. We opted for CP for my Spouse. Is it possible for us to do CP with me and our child as dependents while I am Adjusting my Status here with my Spouse and our child as my dependents.

I have another problem. We applied for our daughter\'s H4 re-validation couple of weeks late (she was residing here out of status from 9/26/01 to 10/9/01) and her re-validation application was denied based on the fact that we applied for it late. However, our attorneys say that since it was denied after we filed for AOS she can legally reside here (Our attorneys are claiming that since our daughter is a 41/2 year old minor, it should be fine). We need valid I94 for everyone of us for my spouse to apply for CP. Since my daughter does not have one, are we eligible to apply for CP now?

Your inputs will be appreciated. Thank You.
 
Yes

Based on inputs from my lawyer and murthy.com, your spouse can file CP with you as dependent while your AOS is being processed with your spouse as dependent.

There are some question marks over whether both of you can file AOS in parallel (with each other as dependents). My lawyer said Absolutely No. murthy.com discourages this because this will definitely lead to RFE/Interview.

What does your lawyer say?
 
Thank you for your input.

My Spouse\'s attorney feels that INS when they come to know may ask us to choose between AOS or CP. At that stage if they do that, we can choose whichever way we want to go.

However, my attorney says filing CP subsequent to AOS might mean an implicit withdrawal of AOS. So they may not process our AOS. Any whichever way the attorneys themselves are not 100% sure how INS might respond.
 
I have the same situation

Any inputs.....
I have my 485 filed and i also have my wifes 140 approved for CP.
I want to know if i can go ahead with the CP and incase i get denied in the CP...can i come back into the country on my AP and wait my 485 approval.
 
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