I-485 Cross Chargeability Spouse not present

Your only hope is some positive I-485 interview outcome or try her luck for B1/B2 using these circumstances as her defense i.e. she has to leave country to avoid kid being harmed & be separated from spouse (you) etc. Again this is pure luck.
 
Yeah she can try for a B1/B2 BUT I wouldn’t hold my breath on a new visitor’s visa being issued to her considering a NIV requires one to not have a preconceived immigrant intent. She not only has a preconceived immigrant intent, she has actually demonstrated it. That demonstrated immigrant intent in addition to using her previous B1/B2 to actually enter the US and file for AOS makes it highly doubtful she’ll be issued with a new one IMO.

But hey, it’s only $165, I think(?), so yeah she can give it a shout if your I-485 gets denied.
 
Sm1smom said:
Yeah she can try for a B1/B2 BUT I wouldn’t hold my breath on a new visitor’s visa being issued to her considering a NIV requires one to not have a preconceived immigrant intent. She not only has a preconceived immigrant intent, she has actually demonstrated it. That demonstrated immigrant intent in addition to using her previous B1/B2 to actually enter the US and file for AOS makes it highly doubtful she’ll be issued with a new one IMO.

But hey, it’s only $165, I think(?), so yeah she can give it a shout if your I-485 gets denied.
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I am not sure how it will work if I choose to go for consular processing, if my I-485 get denied. Will I have to again re-apply for I-485 if she manages to enter on B1/B2?
 
Sm1smom said:
Yeah she can try for a B1/B2 BUT I wouldn’t hold my breath on a new visitor’s visa being issued to her considering a NIV requires one to not have a preconceived immigrant intent. She not only has a preconceived immigrant intent, she has actually demonstrated it. That demonstrated immigrant intent in addition to using her previous B1/B2 to actually enter the US and file for AOS makes it highly doubtful she’ll be issued with a new one IMO.

But hey, it’s only $165, I think(?), so yeah she can give it a shout if your I-485 gets denied.
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$160. agree that the chances are really small especially as she abused the visa before, but she can try. It’s 10 days calendar wait time for a B visa in Kathmandu, when Is your AOS interview?
 
bw1845479 said:
I am not sure how it will work if I choose to go for consular processing, if my I-485 get denied. Will I have to again re-apply for I-485 if she manages to enter on B1/B2?
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That will be a repeat of what she previously did, a violation of the terms of the B1/B2 visa. Entering the US with the preconceived plan of filing AOS is considered visa fraud, she shouldn’t be planning on entering the US again on a NIV (assuming she’s able to get one) and filing a new AOS.

My previous post about giving it a shot has to do with if she’s able to get the visa and enter the US before your currently scheduled AOS interview. If your current petition gets denied, I believe cross chargeability via AOS is no longer an option since your wife needs to be in the US with you in order for that to happen. Unless of course you can get her back to the US on a H4 or L1B derivative status.
 
Interview Date: Feb 28th
She did try to get a visitors visa for her child but they didnt grant since she was adjusting status
 
Yeah I highly doubt visitors visa would be granted. I was thinking of cancelling the interview, if that can give us some time but I dont think it would do any good. the only hope I have is some miracle in the interview.
 
bw1845479 said:
Interview Date: Feb 28th
She did try to get a visitors visa for her child but they didnt grant since she was adjusting status
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for obvious reasons, but if the child wasn’t getting one almost certain she wouldn’t get another one.

bw1845479 said:
Yeah I highly doubt visitors visa would be granted. I was thinking of cancelling the interview, if that can give us some time but I dont think it would do any good. the only hope I have is some miracle in the interview.
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What miracle? A mistake in granting you a green card would mean you are always at risk of getting it revoked when the case is looked at again, whether that happens on your wife’s eventual adjustment/immigrant visa or your citizenship application.

which reminds me, you do realize if you somehow get a green card and file for her immigrant visa it will be probably minimum one, more like two, years before she can join you again? Wouldn’t consular processing together be preferable to that?
 
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Sm1smom said:
Unless of course you can get her back to the US on a H4 or L1B derivative status.
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I had assumed that if those were options it would have been done/mentioned already but the question is certainly worth asking, as they are dual intent visas.
 
SusieQQQ said:
for obvious reasons, but if the child wasn’t getting one almost certain she wouldn’t get another one.



What miracle? A mistake in granting you a green card would mean you are always at risk of getting it revoked when the case is looked at again, whether that happens on your wife’s eventual adjustment/immigrant visa or your citizenship application.

which reminds me, you do realize if you somehow get a green card and file for her immigrant visa it will be probably minimum one, more like two, years before she can join you again? Wouldn’t consular processing together be preferable to that?
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Yes but I am not sure how consular processing will work since it takes 7-11 months and I have to be out of country my employer wont keep the position open for so long
 
bw1845479 said:
Yes but I am not sure how consular processing will work since it takes 7-11 months and I have to be out of country my employer wont keep the position open for so long
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Why would you have to be out of the country? Are you not currently on a valid visa status? Sorry if I forgot the details along the line.
 
I am working on EAD/AP I dont have a valid H1 visa
There were lots of RFE's going on my H1 visa so my employer withdrew it saying I can work on EAD/AP.
 
Ah. Sadly this is a case where all the pitfalls of doing that are exposed. Well, you need to make a plan as that is what is going to happen anyway when your AOS is likely denied.
 
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