CP while located in India

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CPfromIndia

Registered Users (C)
Friends,
  I filed for GC ages, ages ago, and then got posted to India for the past two years. (Company lawyer did a lot of screwups before I realised CP was the way to go for me and they agreed to do it). Now finally got the Pkt III, and it is to be mailed to Chennai Consulate. Anybody else done this - going to the CP interview without a permanent address in the US?

Additional problem is that wifey dear is expecting second child in March, which will in all likelihood happen after the interview, but before we can leave for the US. So how will the new-born get a GC?

Any help would be appreciated. Even words of encouragement would be gratefully received :-(
 
Don\'t worry. Look inside.

You don\'t need a permanent address in USA for going to CP. You could
give the address of your company or a friend in US in OS230 Part 2
for receiving your green card.

Even your child born after the interview but BEFORE your enter US is
eligible for an immigrant visa based on your priority date. Just send
your childs birth certificate with pkt 3 for your child after the birth to the consulate and they will schedule an interview for your
child.

Even the child born after entering but the marriage was before entering US is eligible for your priority date.

The Law which explains your situation is given below:

9 FAM 40.1 N7 Basis for "Following to Join"
9 FAM 40.1 N7.1 General
(TL:VISA-162; 02-24-1997)
The term “following to join” permits an alien to obtain the (NIV or IV)
status of the principal alien as long as the alien following to join possesses
the required spouse or child relationship with the principal alien. There is
no statutory time period during which the following-to-join alien must apply
for a visa and seek admission into the United States. The only time sensi-tive
factor to qualify as a spouse or child following to join is the alien’s con-tinued
relationship with the principal alien. As an example, a person would
no longer qualify as a child “following to join” upon reaching the age of 21
years or by entering into a marriage. Furthermore, there is no requirement
that the following-to-join alien must take up residence with the principal
alien in order to qualify for the visa, as the child or spouse is merely follow-ing
the principal alien to the United States. [See also 9 FAM 42.42 N8.]
9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to Admission of
Principal Alien
(TL:VISA-41; 01-15-1991)
A spouse or child acquired prior to a principal alien’s admission to the
United States is entitled to the priority date of the principal alien, regardless
of the period of time which may elapse between the issuance of a visa to or
admission into the United States of the principal alien and the issuance of a
visa to the spouse or child of such alien and regardless of whether the
spouse or child had been named in the immigrant visa application of the
principal alien.
9 FAM 40.1 N7.2-2 Child Born After Admission of Principal Alien
(TL:VISA-128; 10-20-1995)
A child born of a marriage which existed at the time of the principal
alien’s admission to the United States is considered to have been acquired
prior to the principal alien’s admission under the provisions of 22 CFR
42.53(d) and, thus, entitled to the principal alien’s priority date.
 
Thank You!!!

TC,
   Thanks a lot for the information. That is a great load off my chest. Appreciate your promptness and the detail you have put in.
 
Same situation.. me too

Was in US for a couple of years, moved to our Indian subsidiary in sept this year just before i140 approval and now expecting feb interview. I don\'t anticipate any problems. In fact, I answered \'Not known at present\' to the question of permanent address and gave my friend\'s address for receiving GC while filling pkt 3.
 
Great! What about the Police Verification?

So are we supposed to submit the Police Certification? Or just one from the Passport office? Somebody suggested both might be needed, is that true?
 
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