Should I split the case due to pregnancy

G

GC1413

Registered Users (C)
I have my interview scheduled for feb 19th 2004 at chennai. my wife due to her pregnancy cannot travel until beginning of July. I have heard people doing a split case. Is there any advantage to it? I would prefer to go along with my wife in July for the interview. Would the consulate honour my request of postponing the interview to July? I mean even my interview?
BTW in decmeber i tried calling/faxing letters/emailing the consulate asking for Jan interview and they would not oblige :(
Thanks in advance
 
Originally posted by GC1413
I have my interview scheduled for feb 19th 2004 at chennai. my wife due to her pregnancy cannot travel until beginning of July. I have heard people doing a split case. Is there any advantage to it? I would prefer to go along with my wife in July for the interview. Would the consulate honour my request of postponing the interview to July? I mean even my interview?
BTW in decmeber i tried calling/faxing letters/emailing the consulate asking for Jan interview and they would not oblige :(
Thanks in advance
Click to expand...

You can if you want request the consulate to postpone the
interview for both of you. I think the timeframe by which the
interview MUST happen is 1 year from the date the consulate
receives the file, or the date it is entered in Consulate's system.

What you are referring to is follow to join. Research the forum
to get more information about this.

Raju
 
I have similar kind of question ?

I'm in the process of I-140 .. My situation might be such that when I will get my CP interview my wife would be pregnant and may not be able to travel. This thing is really bothering me that what woud happen if we fall into this situation.

Would it be possible at that time to switch her on I-485 and I can go for CP interview ? OR she can go for her CP interview later on and I can go get my GC on scheduled interview date as I do not want to delay my GC interview for any circumstances.

Thanks a lot in advance for your replies ..
 
victor:

Splitting case could mean one of the two things:

1. Both do CP but one (primary) does the interview first and the second (derivative) follows at a date within 1 year of such scheduled interview date.

OR

2. One does CP (primary) and the other (derivative) pursues 485.

If you have opted for CP it may be better to go with option 1 rather than having your wife change from CP to 485 since that would lengthen her GC process.
 
I think you should call the consulate and also send the email to them about the issue.
My advise - u go ahead and get the process done. In this economy nothing can be taken as granted.


Originally posted by GC1413
I have my interview scheduled for feb 19th 2004 at chennai. my wife due to her pregnancy cannot travel until beginning of July. I have heard people doing a split case. Is there any advantage to it? I would prefer to go along with my wife in July for the interview. Would the consulate honour my request of postponing the interview to July? I mean even my interview?
BTW in decmeber i tried calling/faxing letters/emailing the consulate asking for Jan interview and they would not oblige :(
Thanks in advance
Click to expand...
 
victor, gc1413:

I concur with rvalla on the point that if you are the primary applicant then go ahead and do your own CP interview and your spouses can do the CP interview at a later date within 1 year.
 
Kd1403

Thanks for your reply : You've been great help .. This website is a blessing to all of us ..

Thanks ..
 
imwatcher:

Anyone can do splitting but it should be such that the primary gets the GC approval first and then the derivative which in other words means that primary goes the CP route and derivative goes either AOS route or does follow-to-join CP at a later date!

A special circumstance that we were talking about in the posting above is when a CP interview is already scheduled and primary would like to postpone it for derivative...this is possible only with special circumstance such as pregnancy, illness with either of the applicant or applicants family and so on.
 
decided to postpone

fyi ...i decided to postpone my interview to july. the consulate asked to me just let them know 2 months in advance when i requrie the interview and they will schedule it accordingly.
 
gc1413:

That is good news in the sense that at least the consulate has got back to you and is willing to work with you with the cp interview dates. Do keep us posted about the new comer in your family!! take care!
 
KD1403:

After I-140 approval, at what stage can one split the case? Do you think it is a better idea to split the case for married couples since at least one person will be here taking care of stuff in case something goes wrong with the IV intervew? Of course the spouse of the primary has to have her/his own status to remain in U.S. Thanks
 
imwatcher:

WEll that is a good assumption but here is the deal:

If one decides to split, the primary holder HAS to get the GC first which means one of two things:
1. primary goes ahead with CP while spouse pursues AOS
2. Spouse proceeds with CP and delays spouses CP due to reasons such as health/ pregnancy....

In either scenario (1 or 2) if primary aplicants CP gets rejected then the spouses AOS/ CP is considered terminated by default.

And frankly speaking only if there is no major police/ -ve immigration record or no contagious medical condiiton that can result into epidemic...there is no reason to be afraid of rejection.
 
Last edited by a moderator:
I had a related question on this topic. I & my family have filed for concurrent I-485/I-140. I'm expecting my I-140 approval anytime now and plan to file I-824 as soon as I receive the approval. This means that my interview would be sometime in the July-Sep'04 timeframe. My wife won't be able to travel with me for the interview because of pregnancy. However I still want to desperately go ahead and attend the interview because I'm not on a stable ground with my job and therefore want to get the GC stamping as early as possible. I understand that I can split the case and that my wife and son can schedule their interview at a later date, which is within a year of my interview. However I've a few questions with respect to this:

a) They would be staying in the US to carry out her pregnancy. Currently they are on H4 status but once I go for the interview and get the GC stamped on my return, what would be their status in the US? Certainly not H4 as I'll cease to be a H1B holder? My assumption is that they won't be on AOS too as I would have filed I-824. Then what would be their status?

b) What are the exact steps I've to follow to request a split processing case to the Consulate? When do I tell them about my wife's inability to join the interview? Once they have accepted my AC140 case, given me a case number & scheduled the interview OR should it be a different timing?

c) Should my lawyer have to request a split case to the Consulate or can I do it?

d) What is the timeframe within which the Mumbai consulate usually responds for a request for a split case?

Any/all help and guidance would be greatly appreciated please.

titu

Originally posted by kd1403
imwatcher:

WEll that is a good assumption but here is the deal:

If one decides to split, the primary holder HAS to get the GC first which means one of two things:
1. primary goes ahead with CP while spouse pursues AOS
2. Spouse proceeds with CP and delays spouses CP due to reasons such as health/ pregnancy....

In either scenario (1 or 2) if primary aplicants CP gets rejected then the spouses AOS/ CP is considered terminated by default.

And frankly speaking only if there is a major police/ -ve immigration record or a contagious medical condiitont hat can result into epidemic...there is no reason to be afraid of rejection.
Click to expand...
 
You must log in or register to reply here.
Top