CP possible if spouse has never travelled to US?

T

tanenbaum

Registered Users (C)
Hi
If I file for a CP, is there a requirement that the spouse should have been in US earlier?
My spouse has got two B1 denials stamped on her passport. We were planning to apply for an H4 later but are attempting to evaluate if going directly through CP is better.
At which stage does an applicant have to indicate his marital status - failing which the green card will be granted to only him / her
Thanks
 
No Title

Yes, your wife can apply with you in your CP and she does not need to be in the US.
 
CP is actually for people like her

CP is meant for new immigrants. Additionally she can come on H4 and do an adjustment of status. Note that B1/B2 require the consulate officer to be fully satisfied that there is no intent on the part of the applicant to become an immigrant. H1/H4 Visa does not require proof of non-immigrant intention. She could come on H4 right away. Will need copy of your H1 and photocopy (notarized) of relevant passport pages, affidavit of support and the visa application for her. But if you are going for CP that might be better because you will have your green card (plastic) at least a year earlier than the AOS path.
 
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