imp question for gurus

K

kingmaker

Registered Users (C)
Hi guru,

I was on a india trip and came back yesterday. My online says that mine and my wife case has been approved on mar 8th. Now I have following question:

1. My 485 had lawyers address(OH). But I am from NJ. I guess the approval letter will go to lawyer's place and they will ask me to go to Cincinnati. Can I go to Newark to get my passport stamped? I went to hackensack to do the fingerprinting.

2. My spouse is still in India and she is scheduled to come back on 3rd week of may. Will it be okay if she gets her passport stamped in the last week of may(2.5 months after approval)?

3. I have changed jpbs but never informed INS about it and don't have the AC21 letter. Do I need to have the letter at the time of stamping?

Thanks for your time.
 
watch out...

There was an opinion posted that as soon as the passport stamping happens your wife (who is outside) would be out of status. A new GC process for her has to start. It would be better if you both go for stamping later date. It was suggested on one of the threads.
 
RD: AUg 2002
ND: Sep 2002
FP : Jana 2003
AD: Mar 2004

Rajudm,
when spouse is on dependent visa like h4 or l2, then its status is dependent on the primary applicant's status. But if the status of spouse is AOS pending, should it matter if the primary applicant gets its passport stamped or not?
 
status

your spouse status is dependent on your status. On the day of stamping your status changes from H1/L1 to GC holder. Your spouse H4/L2 has no meaning at that time. You should talk to your attorney and make sure that you both get it stamped at the same time.
 
Just my 2 cents:

Another option is Can she come back as soon as you receive the approval letter then she can go back on Stamped passport and stay there as long as you guys planned for.
Why to take any chances.

In this option you have to spent aprox. 1200$ for air ticket.
After all we are talking about Green Card and most people will disagree that GC is not everything in life.
 
I think you should not take any chance of delaying your stamping as suggested by GC_NC123 that is a good option why jeopardize something for a petty reason good luck
 
not sure

I am not sure of the earlier responses which suggest your wife's status is nebulus if you go for stamping alone and your wife does it at a later time.

How about cases were only one of them gets approved and the other does not receive approval notice? Does that mean the person has to wait for his spouse's approval too before stamping is done? OR how about cases where I 485 itself is filed at different times, in which case approval is most definlitely at different times?

I would consult attorney. But I agree, the lowest risk approach is going for stamping together
 
Another_dude

I may be wrong but what you are asking is totally diff scenario then what King maker is Looking for:

1. Both primary and secondary are approved and Sec is Out of country. In this case Alone stamping by Primary will sure affect the secondary case specially when Sec is not in the country.

2. When Primary OR Sec. is approved and one of them is waiting.
I think in this case person who is waiting have no choice but to wait till the case is approved. Also it doesn't matter whether person waiting for approval is in the country or outside.
 
I talked to lawyer.
As per him,
"Yes, you can go to newark and have it all done there. Your wife can go later in time, but don't wait too long."
 
kingmaker, does your wife hold AP? If so then it should be ok even if you get your passport stamped before she is back.
 
Last edited by a moderator:
Since your wife has AP, then there should no problem. She now has her own independent travel document (AP) and the H4 or other dependent status not needed any more.
 
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