Immigrant Visa petition on your behalf

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vvlabor

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h4 and DS 156 - Immigrant Visa petition on your behalf

Hello . my spouse is going to chennai for h4 interview. Our i140 is approved and I am the primary h1.

We have opted for consular processing.

Since our i140 just got approved, should my spouse in question 36 of the Form DS-156 say YES OR NO ?????

Pls help gurus

Thanks
 
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Primary applicant would say YES after 140 is applied.

Derivative should say YES only AFTER 485 is filed.

So in your wife's case say NO since 485 is not filed yet.

vvlabor said:
Hello . my spouse is going to chennai for h4 interview. Our i140 is approved and I am the primary h1.

We have opted for consular processing.

Since our i140 just got approved, should my spouse in question 36 of the Form DS-156 say YES OR NO ?????

Pls help gurus

Thanks
Click to expand...
 
consular process

Should my spose say 'yes' becasue i140 is approved and we are awaiting for consular process to move ??

There is no 485 in the picture since we applying for consular.....we are not going the 485 route.
 
Last edited by a moderator:
vvlabor said:
Should my spose say 'yes' becasue i140 is approved and we are awaiting for consular process to move ??

There is no 485 in the picture since we applying for consular.....we are not going the 485 route.
Click to expand...
Even with CP, 140 is applied only on the behalf of the primary ....

Unless someone filed a 140 for your spouse, the answer still remains NO.
 
I emailed my attorney today and she confirmed that my reply should be YES since it is a immigrant process that I have already entered into whether it be CP or 485.

Thought I would share my findings with you
 
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