Experience folks please help!

S

SouthIndian

Registered Users (C)
Hi,

Welcome.

If the Principal Got GC Approved with PENDING Receipt of Spouse\'s I-485 receipt. Can the Principal go for \'GC Stamping on the Passport\'? Does it Affect (Or) have any Cons/Drawbacks on the \'GC Processing of Spouse\'s I-485 application\'?

Please give some info. on this scenario if you have experienced/aware of any such thing.

It would be appreciated.

Thanks
SouthIndian
 
yes you can stamp before your spouse.

I had a friend who did this, he stamped and
after a month or so his wife stamped the passport.
I don\'t think this should be a problem.
 
NO!!!

No do not go for PP stamping. Read my post from earlier messages. I have advised by the lawyers not to go for PP stamping till you have received at least the EAD/AP for your wife. Simply getting the receipt notice is not enough.
 
question for you - gv10

Hi gv10,

So, how long are you saying that one can delay the GC stamping on a passport? Is there any Maximum/Grace wait period for one\'s GC Stamping?

Is\'t your Attorney\'s a well known firm? If so, and if you don\'t mind can you mention their \'Firm Name\' out here for us? It will help if one decide to consult with them.

What \'Effects\' the "Principal\'s GC Stamping" has on the Spouse\'s GC Process? Basically, once the Principal\'s GC is Approved, he/she is NO Longer on H1 visa and same for the Dependent(Except the Spouse will be on \'Adjustment Status if spouse has applied for the I-485\').

Please brief us on what your attorney told as reasons for "NOT TO GO for Stamping".

PS: This is NOT a Legal advice. Following this info. will be at your own risks. Consult a Qualified legal attorney.

Thanks
SouthIndian
 
No Title

Technically there is no upper limit for stamping. If the I-551 stamp in the passport has expired , one can renew the I-551 stamp as is evidenced in other service centres where the plastic card takes well over a year to be sent out.

Also there is a limbo status with respect to what happens between approval and stamping . But if one does go for stamping then there is a clear cut status change to \'permanent resident\' , since your H-1,EAD,AP would be taken away from you. Hence the advice to not go for PP stamping till wife\'s case is resolved.
 
No Title

You are a permanant resident the moment your 485 is approved. So stamping is not going to cause any additional harm. It remains to be seen how INS will handle your wife\'s case.I do not know exactly how follow to join works but technically you are okay if your I-485 is filed (received by INS with proper filing fee etc) before yours is approved. Take a good legal opinion. But as I said whether you stamp or not is immaterial now. Your permanant residancy starts on the date of your approval not on the date of stamping.
 
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