Where to send follow to join AOS case?

I

imwatcher123

Registered Users (C)
If one gets green card via empolyment through consular processing, and the spouse does not go for consular processing and remains in U.S., and later on files AOS based on the fact that they were married before he receives the green card. Should the Spouse's AOS be considered empolyment-based or family-based? In other words, should they send I-485 to CIS national center or CIS state office? There is a big difference in processing time. Thank you.
 
imwatcher123 said:
Should the Spouse's AOS be considered empolyment-based or family-based? In other words, should they send I-485 to CIS national center or CIS state office? There is a big difference in processing time. Thank you.
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The spouse's visa number will come from the same general category as the primary applicant. Therefore, it is employment-based. Don't forget that if you try and categorize the spouse as an FB2 family-based case, you first have to wait the five years for the priority date to become current before the I-130 is ajudicated and then the I-485 is filed. Processing time doesn't look so good then, does it? ;)
 
imwatcher123 said:
If one gets green card via empolyment through consular processing, and the spouse does not go for consular processing and remains in U.S., and later on files AOS based on the fact that they were married before he receives the green card. Should the Spouse's AOS be considered empolyment-based or family-based? In other words, should they send I-485 to CIS national center or CIS state office? There is a big difference in processing time. Thank you.
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You will file at service center. Since the marriage was done before the approval of GC spouse will be falling employment category.

What is the status of your spouse? If she is on dependent visa she will loose her status once you get GC approval.
 
Thanks for reply, RealCanadian and Tammy, I called the CIS customer service to ask about this situation. and I was told that this is considered to be family-based and therefore the application should be sent to local CIS office. However I did not raise the question about priority date. Per my understanding, the priority date only applies to those whose marriage takes place after the main applicant has received the greed card. For those already married before the primary applicant gets the green card, the primary can file for the spouse anytime. Am I wrong?

The spouse is on H1B. So it is not a problem.
 
I personally will not go according 1-800 number. Person on 1-800 might have misunderstood your case as Family based case. Contact some competent attorney. As per my knowledge you must send the application to service center. Not to the district office.
 
Tammy and RealCanadian, you are right. I asked a lawyer. He said it is considered employment-based, and the application should be sent to Service Center. A fellowup question is can the principal change job while his spouse is waiting for her AOS. By the time, let's say two years later, CIS processes his spouse's AOS case, will CIS check if the principal is still working for his employer who sponsored his green card?
 
imwatcher123 said:
A fellowup question is can the principal change job while his spouse is waiting for her AOS. By the time, let's say two years later, CIS processes his spouse's AOS case, will CIS check if the principal is still working for his employer who sponsored his green card?
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No, you should not worry about this. At that point all USCIS will care about is if you have sufficient income to support your wife, and if the marriage is bona fide.
 
Another simple question: What does the posted processing date for I-485 mean? I used to think that is the date of filing I-485. But today I read in a lawyer's website saying it is the date of filing I-140. Which is true?

http://www.visalaw.com/04jul3/3jul304.html

In a follow-to-join case mentioned in previous posts, would the spouse's AOS case be processed based on the principal's I-140 filing date, even though he obtained his GC through consular processing? Thanks.
 
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