Consular processing

mel_gbsn

Registered Users (C)
Hello All
I have done concurrent filing on dec 11 2003 thro the vermont center and have already got my EAD and my I140 approved. I got married in the month of may 2004 and sent my wife for H4 stamping for which she was denied twice (the first time they asked for all the tax documents of all the years I was in US and the next time now they have asked the LCA and other documents). This time I have all the documents, but I'm scared to send her to H4 again.
I'm waiting for my 485 approval (which I hope I get it soon) now. I have already added my wife's name in the 485 application.
My questions are
1. Can I send my wife for consular processing as soon as my 485 gets approved ?
2. How long will this process take before she can join me here
3. Any other tips or advice

I'm very worried. please let me know.
Thanks in advance.
 
If your 485 gets approved, you do not have H1 any more, then she cannot do H4. You have to file I-824 for follow-to-join in order to bring her to U.S.
 
1. Can I send my wife for consular processing as soon as my 485 gets approved ?

Yes.


2. How long will this process take before she can join me here

Depends on country. Normally it's six months to one year.
 
mel_gbsn said:
This time I have all the documents, but I'm scared to send her to H4 again.

What are you afraid of? I'd be afraid of not seeing my wife for several months while she does CP.

I'd also be afraid of what she'd do to me if she learned she had all the documents to get an H-4 and come right away, and I was afraid.

Send her to the consulate.
 
Scared of H4 rejection again

TheRealCanadian said:
What are you afraid of? I'd be afraid of not seeing my wife for several months while she does CP.

I'd also be afraid of what she'd do to me if she learned she had all the documents to get an H-4 and come right away, and I was afraid.

Send her to the consulate.

Afraid that she will be rejected again the third time and what if they send it to the vermont center for some verification or something. I have nothing wrong to hide or anything like that. But I had an attorney tell me that "now that she is rejected twice, the third time they may send the case to the INS office for verification and that may take maybe upto 2 years and finally they may come and tell that i'm ok. " I'm scared of that.
He also said that if something like that happens, even if my 485 gets approved and she goes for CP, they may tell her that her non immigrant(H4) case is pending and that they wont work on the CP till the H4 issue gets resolved. Thats my worry.
is it really gonna take one year after my 485 approval for her to join me ? Is there any way we can speed up the process after my 485 gets approved.
Please let me know.
Thanks in advance
 
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