CP or AOS? Spouse was out of status in past!

R

Radhika

New Member
Hi All,

My company is preparing to apply for my LC in Wisconsin, where it is taking less than 6 months for processing. Since AOS in NSC isn't moving at all, I am thinking of going for CP in chennai.

My only problem is that my spouse had an H4 to H1 transfer in 2000 and did not work while on H1 for almost 9 months. Basically, she was out of status during that period. After that we got her H1 transferred to H4 and she has been on H4 ever since. Any suggestions on what I should be doing in this case?

1. Should I take the risk of applying for CP?
2. Is spouse's status considered for rejecting my CP application also?

I have seen posts where it was suggested that I could do CP for myself and opt for AOS for my spouse. Is that possible?

I have 2 1/2 years left on my H1.

Thank you.
Ravi
 
radhika/ ravi:

1. Should I take the risk of applying for CP?
Answer: You (primary applicant) should not have problem proceeding with CP. You should be able to proceed with CP. But derivative applicant who is out-of-status may have a problem with changing to immigration status!

2. Is spouse's status considered for rejecting my CP application also?
Answer: Out of status exceeding 180 days is a red flag! Since you are primary applicant and your wife, a derivative applicant was out-of-status, it should ideally not affect your process but will more than likely be a problem for her process.

I have seen posts where it was suggested that I could do CP for myself and opt for AOS for my spouse. Is that possible?
Asnwer: YEs it possible. You can do CP while she does AOS.

Since this is a case exceeding 180 days of out-of-status please CONSULT a couple of attorneys before making decisions!
 
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