successful CP MUMBAI AC140

Marriage and Consular Processing

Hi,

I applied for my I-140 & I-485 (concurrent processing) in Oct 2002. My I-140 is pending and my lawyer has received RFE on my I-485 application, also my current H1 is valid till July 2004 and have applied for an extension.

I am getting married next month in India, what's the best option.

1. Get H-4 for my wife, then get her to US and apply for her 485 before replying to my I-485 RFE
2. Apply for Consular processing for my spouse, instead of H4 (don't know how long CP takes in India)

Question :

1. Can I apply for CP for my wife if my i-140 is NOT yet apporved?
2. How long does it take from start to finish to apply for CP in India?

Please advice
 
humhogekaamyaab said:
Hi,

I applied for my I-140 & I-485 (concurrent processing) in Oct 2002. My I-140 is pending and my lawyer has received RFE on my I-485 application, also my current H1 is valid till July 2004 and have applied for an extension.

I am getting married next month in India, what's the best option.

1. Get H-4 for my wife, then get her to US and apply for her 485 before replying to my I-485 RFE
2. Apply for Consular processing for my spouse, instead of H4 (don't know how long CP takes in India)
Click to expand...
First and foremost, get her to US and apply include here in your case. You are assuming that the response to 485 RFE will immediately result into the approval in a reasonable time. What if it does not? You wife will be in India from now till 485 approval and then initiating a CP case for her (I'm not sure if you can file a follow to join with pending 485) and CP approval.
 
re : Marriage and Consular Processing

Thanks Alren for the prompt reply.

How does the Consular processing works? Does it require approved I-140? cause my I-140 is still pending.

Since I have my H1 valid till July 2004, I guess I should NOT have problem getting her here on H4 and later add her to my current I-485 petition.

anyway, What's the difference between CP and JTF?
 
humhongekamyaab:

How does the Consular processing works? Does it require approved I-140? cause my I-140 is still pending.

Answer: In your case it would be AC I-140 not regular CP since you already have a 485 process. For CP and AC i-140 process check this site: http://www.immihelp.com/gc/consular/
Yes you have to wait until I-140 approval to proceed with AC I-140. What consulate do you fall under? Coz only delhi and bbay accept AC I-140 as of today. Chennai does not accept to the best of my knowledge!

=========================================================

Since I have my H1 valid till July 2004, I guess I should NOT have problem getting her here on H4 and later add her to my current I-485 petition.

Answer: Should not be a problem assuming she gets her h-4 and is in usa at the time of including her to your 485 process.

==========================================================
anyway, What's the difference between CP and JTF?

Answer: Neither CP nor FTJ will be applicable to you at this stage. FTJ is after you have received the GC, you have filed for your spouse to enter usa based on your gc. Regular CP is not applicable to you since you already have a 485 process.
 
kd1403 said:
FTJ is after you have received the GC, you have filed for your spouse to enter usa based on your gc. Regular CP is not applicable to you since you already have a 485 process.
Click to expand...
So as I suspected, you have to get your 485 completed before you can initiate a Follow to join for your spouse (?)
 
alren:

That is partly correct. FTJ is for a situation where the primary has received GC thru 485 or CP and derivative candidate is added to such GC process and is in home country awaiting the CP interview in home consulate.
 
Kids for Interview

Do Kids need to be present for Interview. This can be pain as they get bored while waiting.
 
DS - 230 Forms no longer eligible ?????

To all the Guru's please look into this,
I was filling in form DS230 and found this on the top right corner, does this mean that thses forms are no longer acceptable?

Please reply ASAP

OMB APPROVAL NO. 1405-0015
EXPIRES: 05/31/2004
ESTIMATED BURDEN: 1 HOUR*

:confused:
 
Now RE: DS 2001

Dear lucky successful AC I-140 people:
In the DS-2001 form, do we have to check mark (i.e. tick) the boxes regarding the police certificates etc..., when submitting it (Even though we do not have it at that moment)
Or leave them blank?
Please reply.
:confused:
 
GC_Mangta said:
Dear lucky successful AC I-140 people:
In the DS-2001 form, do we have to check mark (i.e. tick) the boxes regarding the police certificates etc..., when submitting it (Even though we do not have it at that moment)
Or leave them blank?
Please reply.
:confused:
Click to expand...

They need confirmation from you that you do have all the necessary
documents before they can set up the inverview for you.

So, even if you do not physically have some document in hand you have
to mark the boxes saying that you have them.

You know that when you attend the interview you are going to have them.

Raju
 
Just one DS2001 - for the principal applicant only

spouse (and kids) are part of it (see the second page of this form).
 
Re: PCC

Dear lucky successful AC I-140 people:

Regarding the police certificates:
I am the dependant on my spouse in our EB3, We are basically from Mumbai, I had spent 5 yrs in Bangalore and 6 yrs in USA.
MY questions are:
1) Do I have to get PCC from Mumbai and Bangalore or just the two PCC's (I.e. one from passport off. and one from CID office) from Mumbai are enough?.
2) Do I have to get a PCC from USA also? (We have been in India since past two and a half years now)?.

Please reply.

Thanking you,
:confused:
 
GC_Mangta said:

MY questions are:
1) Do I have to get PCC from Mumbai and Bangalore or just the two PCC's (I.e. one from passport off. and one from CID office) from Mumbai are enough?.
2) Do I have to get a PCC from USA also? (We have been in India since past two and a half years now)?.

My understanding:
If you are staying in same city in India from past 2 and half years you need to get 2 pcc one from the commissioner's office or the regional office and one from the local police station of the city you are presently staying.

No from USA as you do not have any local US address.

but you need to mention all your address and period of stay in the DS230-Part I.

Still you can check what senior's say about your questions

Thanks
Click to expand...
 
Re: PCC Need Senior's opinion

Regarding the police certificates:
I am the dependant on my spouse in our EB3, We are basically from Mumbai, I had spent 5 yrs in Bangalore (for MBBS 1988-1994) and 6 yrs in USA (1996-2001). Yes, I have mentioned all my dates in the DS-230.
MY questions are:
1) Do I have to get PCC from Mumbai + Bangalore + USA or just the two PCC's (I.e. one from passport office and one from CID office) from Mumbai are enough?.
2) Do I have to get a PCC from USA also? (We have been in India since past two and a half years now)?.
Please reply.

Thanks
:confused:
 
PCC question from GC_Mangta

GC_Mangta:
If my understanding is correct, you need PCCs both from Mumbai and from Bangalore, since you are in India for the past 6 months. You do NOT need any PCC from USA, as the Department of State will get all clearances from FBI and send them to the Consulate.

For each place you have lived in, for more than 6 months, each of you need to get one PCC from passport office, and a clearance from the Police-Commissioner's office that there is no adverse report against you.

If you do not have the time to visit each such place, you can go with your Mumbai PCCs to the Consulate. Tell them that getting PCC from Bangalore is going to take at least a month of following up, and neither of you have the time to do that. If they refuse to accept that excuse, they would give you more time to go back with the Bangalore PCCs. They would not reject your case if PCCs are missing. So, nothing to lose.
 
Thank-you Sansin

Thanks for the info Sansin,
I did speak to a friend in Banglore and he said he would help me out with his police contacts, I am right now awaiting for the PCC from the passport office.
It's so funny, my wife who has her passport issued from Mumbai, got the PCC in 1 day, and I may have to wait for 10 days to 2 weeks pending CID inquiry.
BTW, I'm a pro now with the passport office PCC, any questions are welcome.
GCM
 
You must log in or register to reply here.
Top