Apparently your GC got approved after your marriage and your wife visited you in US. You cannot file 824 as you are not meeting the requirements. Check it out
http://uscis.gov/graphics/howdoi/appproc.htm#Following
Even if you are able to file 824 and your wife get approved u wont get the visa until the PD is not current and with your PD I would say that it will take 4-6 months to get current.
You cannot file 485 as she is not here.
I dont really know but I think that if the lawyer is agreed to file 824 then go for it and if approved u can get the visa within 4-6 months.
BTW are you 245(i) or Employment based visa holder.
Good Luck.
http://uscis.gov/graphics/howdoi/appproc.htm#Following
Even if you are able to file 824 and your wife get approved u wont get the visa until the PD is not current and with your PD I would say that it will take 4-6 months to get current.
You cannot file 485 as she is not here.
I dont really know but I think that if the lawyer is agreed to file 824 then go for it and if approved u can get the visa within 4-6 months.
BTW are you 245(i) or Employment based visa holder.
Good Luck.
krocker said:EB3, India, PD - 04/30/2001
Married in 2005.
I-485, TSC, Approved - 03/04/2006
Passport Stamped via Infopass - 03/10/2006
Lady was nice, i just showed them a print out of my email notification for approval.
Card arrived in the mail, next day - 03/14/2006
NOT GOOD!!!! since my wife is in Chennai.
We couldn't file her I-485 cuz my PD wasn't current since June, last year.
I wasn't expecting my I-485 to be approved while my PD is not current!! somebody jumped the gun.
Do i need to file for I-824 or can i just send a letter to the Chennai consulate along with copies of a check list of documents and request for a case number and an interview??
Pls. advise any steps or tips that will help me to be proactive and avoid red tape.
after talking to 4 different lawyers here are my options
1) Walk into any US consulate in Canada or Mexico and request for 'Visas Omega Cable' to Chennai (This will bypass I-824 process!!) Anyone familiar with this??
2) File for I-824 for FTJ. 2 extra months of processing!!
3) Send a mail to Chennai with all the documents and a cover letter, requesting to initiate a FTJ process. Is this allowed for Chennai??
4) Get the I-485 approval rescinded via an Infopass appointment and regain H1B status which will put my wife back in H4 status. Risky??
5) Should i hire an attorney for these two steps?? FTJ and GC Approval date correction??
Pls. help me validate my options.
UNITEDNATIONS !! i got your handle name from a good friend, he suggested that i call out to you and all other wise-guys on this forum.
Thank you