I130 question

A

anand74

Registered Users (C)
Hi
I am waiting for my Citizenship & Oath (Newark DO) on Apr 21. I want to apply for I130 for my wife who is in H1B status (first 3 yrs end on Sep 30 2005). I want to do Consular Processing for her GC rather than I485 which takes a year.
In I130 form there is a column which asks if the beneficiary is in US. If I enter the info there then there is another column where it asks if she will apply fo I485 in City/State or in a foreign consulate at city/country. How will I specify for a person in US but wants to do Consular Processing at India. Can we just leave the I485 field blank and fill only the foreign consulate info.
Thanks.
 
If the person is US, you can not do Consular Process. I wish we could. But she can apply for EAD (Work Permit) and AP(Travel Permit) while she files I485 with I130 ans she will not have to worry about her H1 status.
 
Thanks. But in Employment Based cases ppl in US apply for Consular Processing and are eligible to do that. I myself did it. Where is it mentioned that in Family Based Cases one is not eligible to do Consular Processing in a similar scenario.
 
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