If husband is already in US, has applied for AOS. Can that be problem to issue E2 treaty investor? I heard US consulate may ask you to prove your intent to return to UK. For obvious if you say your spouse is in US and in process of becoming a Permanent Resident that gives your intent to become Permanent Resident as well. Will that be problem? Any thoughts.
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E2 Treaty Investor - UK National
- Thread starter max007
- Start date
CP, How? Is it possible for her to do CP while my AOS is pending? Do I have to transfer my AOS to CP as well?
FYI, I can't transfer my AOS to CP, Reasons: 1 - I have used AC 21, AC21 is not available if you do CP. 2 - If I transfer my AOS to CP, how can I stay here until my interview calls arrive? The day I sent I 824 to request AOS to CP, I'll be out of status. I can't use EAD, AP. I understand the regulation is still pending. But I just don't want to take any additional risk.
Please advise me if it's possible for my spouse to apply for CP without changing my AOS to CP. Also, advise me if she can send her application based on the fact that her priority date is current (Other charbility) regardless of primary applicant PD which is mine and at moment it's not current.
FYI, I can't transfer my AOS to CP, Reasons: 1 - I have used AC 21, AC21 is not available if you do CP. 2 - If I transfer my AOS to CP, how can I stay here until my interview calls arrive? The day I sent I 824 to request AOS to CP, I'll be out of status. I can't use EAD, AP. I understand the regulation is still pending. But I just don't want to take any additional risk.
Please advise me if it's possible for my spouse to apply for CP without changing my AOS to CP. Also, advise me if she can send her application based on the fact that her priority date is current (Other charbility) regardless of primary applicant PD which is mine and at moment it's not current.
How positive are you about CP? I'm not saying you are wrong but well known immigration lawyer in NY seems to be unaware of CP of spouse while primary applicant AOS is pending. He even deny the possibility of going back to H1 after EAD cause he thinks there's intention issue. He mentioned I have only one option left 'FTJ'. I think I need to consult another lawyer and get his opinion. But I would love to see your thought. Have you found out this from lawyer or this is your understanding?