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CP (as primary) and AOS (as spouse) at the same time?
- Thread starter bb16
- Start date
No Title
when you apply for cp or 485, before the case is processed the consulate people in case of cp and the related department in the case of 485 have to contact the state department washington to get a visacase number for you to process your greencard which is going to be your case number. so in your case on your name itself you will be having two case numbers which is not possible. and every primary applicant and dependents will have seperate case numbers.
when you apply for cp or 485, before the case is processed the consulate people in case of cp and the related department in the case of 485 have to contact the state department washington to get a visacase number for you to process your greencard which is going to be your case number. so in your case on your name itself you will be having two case numbers which is not possible. and every primary applicant and dependents will have seperate case numbers.
I Think It is possible
I think it is possible
- I talked to my wife\'s lawyer and he said it is possible. Again, some lawyer might not want to do this
- I have also seen on Sheela Murthy\'s site. She mentioned against one of the queries. One AOS and other CP could be a good idea
Nevertheless, I will go this route only when necessary. I wont like to delay by processing because of unnecessary queries.
I think it is possible
- I talked to my wife\'s lawyer and he said it is possible. Again, some lawyer might not want to do this
- I have also seen on Sheela Murthy\'s site. She mentioned against one of the queries. One AOS and other CP could be a good idea
Nevertheless, I will go this route only when necessary. I wont like to delay by processing because of unnecessary queries.
Rajesh Paul
Registered Users (C)
As mentioned, technically it is possible
as the primary applicant in each case is different. Logically, it doesnot seem correct though and is, IMHO, a lil risky. Recently, INS came out with the notification that they will consider AOS abandoned if you apply for CP, just to close this kind of a loophole. Nothing stops them from making the clarification regarding dependents and coming out with a similar announcement. Not to mention all the extra effort and money you would be spending to do both processes. So, not sure about how good an idea it is. But having said that, I do see situations where it could be worth it.
All the best.
as the primary applicant in each case is different. Logically, it doesnot seem correct though and is, IMHO, a lil risky. Recently, INS came out with the notification that they will consider AOS abandoned if you apply for CP, just to close this kind of a loophole. Nothing stops them from making the clarification regarding dependents and coming out with a similar announcement. Not to mention all the extra effort and money you would be spending to do both processes. So, not sure about how good an idea it is. But having said that, I do see situations where it could be worth it.
All the best.
Anybody active on this thread?
I am planning on applying for my CP with my wife as spouse and my wife\'s AOS(I-485) with me as spouse. I was wondering if any one on this thread since the last post has figured out any thing solid on this. My lawyer seems to think we can do it. But we need to drop one of the processes when we get A#s.
Thanks
I am planning on applying for my CP with my wife as spouse and my wife\'s AOS(I-485) with me as spouse. I was wondering if any one on this thread since the last post has figured out any thing solid on this. My lawyer seems to think we can do it. But we need to drop one of the processes when we get A#s.
Thanks
Rajesh Paul
Registered Users (C)
A# is your Alien number and is issued at the time your immigration is approved
So in the case of CP at the time of interview, in the case of OAS when your 485 is approved. Its significance is that it is your ID as an immgrant for all related purposes like employment, sponsoring others, naturalization, etc.
As your attorney has mentioned, obviously one person cannot have two alien numbers, so you\'ll have to drop one. As of now, there doesn\'t seem to be a problem, as this is done only at the end of the process.
So in the case of CP at the time of interview, in the case of OAS when your 485 is approved. Its significance is that it is your ID as an immgrant for all related purposes like employment, sponsoring others, naturalization, etc.
As your attorney has mentioned, obviously one person cannot have two alien numbers, so you\'ll have to drop one. As of now, there doesn\'t seem to be a problem, as this is done only at the end of the process.
Vision COV
Registered Users (C)
May be, May be not....
This is not an advise. After I talked to a few lawyers this is what I found out. Everyone has different opinion, but, bottomline is don\'t mess with INS, especially now. One lawyer had a client where she filed for AOS, in a few months her husband did CP. Once it was
successful, immediately they sent a letter to INS to cancel the wife\'s case. This was the client\'s choice not the lawyers.
IMHO, if you are perfect with your paper work, don\'t worry about CP. Once you are there at consulate for CP, I don\'t know if AOS of spouse is useful anymore.
This is not an advise. After I talked to a few lawyers this is what I found out. Everyone has different opinion, but, bottomline is don\'t mess with INS, especially now. One lawyer had a client where she filed for AOS, in a few months her husband did CP. Once it was
successful, immediately they sent a letter to INS to cancel the wife\'s case. This was the client\'s choice not the lawyers.
IMHO, if you are perfect with your paper work, don\'t worry about CP. Once you are there at consulate for CP, I don\'t know if AOS of spouse is useful anymore.
Mainer, have you taken action yet?
Hi Mainer,
I am in the same boat and really in dilemma now.
Have you decided to go down this path? Would you mind sharing thoughts and experience with me? It would be of great help. You can write to haihong@iname.com.
Thanks in advance.
Hi Mainer,
I am in the same boat and really in dilemma now.
Have you decided to go down this path? Would you mind sharing thoughts and experience with me? It would be of great help. You can write to haihong@iname.com.
Thanks in advance.
bb16, here you go!
I was advised by my Attorney that I could do both simultaneously, but would have to abandon one or the other at the time when my wife and I get our A#s. Taking into today\'s fast approval of 485 applications (between 8 to 12 months) at VSC and too many newly added steps to the CP process which could result in long delays merely in the transit from one place to the other into consideration, I have decided to go with my wife\'s 485 with me as a spouse. My I-140 application will go to NVC and they will generate the P3 for me. But I will not send back the filled in P3 back to NVC, but instead will just hang on to it. I\'ll not cancel it either just in case some thing goes wrong with my wife\'s 485, I will have something to fall back on. Hope my strategy will work. Actually my I-140 application has not reached NVC yet, more than a month after approval, proving my strategy right.
Please let me know your thoughts and suggestions. Let me know if you need more info. from me. Keep me posted.
Thanks,
Mainer.
I was advised by my Attorney that I could do both simultaneously, but would have to abandon one or the other at the time when my wife and I get our A#s. Taking into today\'s fast approval of 485 applications (between 8 to 12 months) at VSC and too many newly added steps to the CP process which could result in long delays merely in the transit from one place to the other into consideration, I have decided to go with my wife\'s 485 with me as a spouse. My I-140 application will go to NVC and they will generate the P3 for me. But I will not send back the filled in P3 back to NVC, but instead will just hang on to it. I\'ll not cancel it either just in case some thing goes wrong with my wife\'s 485, I will have something to fall back on. Hope my strategy will work. Actually my I-140 application has not reached NVC yet, more than a month after approval, proving my strategy right.
Please let me know your thoughts and suggestions. Let me know if you need more info. from me. Keep me posted.
Thanks,
Mainer.
No Title
bb16 & Mainer,
It\'s perfectly legal to go both ways. Only thing is you have to abandon one process once the first approval comes...there is no problem with the A# (control numbers) as some one pointed out because to my understanding they recycle those numbers if not used.
Mainer, I suggest you not to stop the packet 3 processing. I don\'t see any reason for that.
thanks,
raju
bb16 & Mainer,
It\'s perfectly legal to go both ways. Only thing is you have to abandon one process once the first approval comes...there is no problem with the A# (control numbers) as some one pointed out because to my understanding they recycle those numbers if not used.
Mainer, I suggest you not to stop the packet 3 processing. I don\'t see any reason for that.
thanks,
raju
Thank you all for responding, and a question for Rajum.
Rajum, I can feel you are very certain about this. Would you mind telling us why? Had you gone through the same or heard anybody did this?
One question, when will A# be assigned in AOS and CP processes? In post #4, Rajesh Paul pointed out, it is at the time of interview for CP and when your 485 is approved for AOS. Is that right?
Thanks much.
Rajum, I can feel you are very certain about this. Would you mind telling us why? Had you gone through the same or heard anybody did this?
One question, when will A# be assigned in AOS and CP processes? In post #4, Rajesh Paul pointed out, it is at the time of interview for CP and when your 485 is approved for AOS. Is that right?
Thanks much.
shri ganesh
Registered Users (C)
Better check...i think it has problems with your file....
Even if both INS and NVC request your A# and IV number...and even if State Dept. issues both these agencies a number, you will only have one file. And when you finally go for your interview (CP) or final approval (AOS), each one will ask for a file. If the file isn\'t there, you will be wasting the time and causing further delay.
It happened to my friend and many others who tried to do both AOS and CP. when they went to India for CP, they learnt from the consulate that INS had requested back their file because of their I-485 application. They came back to the US empty-handed but waste of money, time, effort and lots of tensions.
In this case, since one case is primary and the 2nd secondary, it might work as not all paperwork will be in both the files. but check if this creates any logistical problems.
Even if both INS and NVC request your A# and IV number...and even if State Dept. issues both these agencies a number, you will only have one file. And when you finally go for your interview (CP) or final approval (AOS), each one will ask for a file. If the file isn\'t there, you will be wasting the time and causing further delay.
It happened to my friend and many others who tried to do both AOS and CP. when they went to India for CP, they learnt from the consulate that INS had requested back their file because of their I-485 application. They came back to the US empty-handed but waste of money, time, effort and lots of tensions.
In this case, since one case is primary and the 2nd secondary, it might work as not all paperwork will be in both the files. but check if this creates any logistical problems.