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  • Need Help! Thank you.

    I am a dependent of my wife and her I-140 is already approved.
    I am in the US on H1 visa and wife is in our home country.

    Can I apply for AOS instead of going back and doing consular processing? Thank you.

  • #2
    I dont have an exact answer to your question. But your wife has to apply as well for 485 togather with you.
    Maybe for this case you need to ask a lowyer

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    • #3
      Originally posted by marbith View Post
      I am a dependent of my wife and her I-140 is already approved.
      I am in the US on H1 visa and wife is in our home country.

      Can I apply for AOS instead of going back and doing consular processing? Thank you.
      You mean your wife will do Consular Processing and you will do AOS? It's possible, but you have to wait until she enters the US with her immigrant visa before you can file I-485, so your process will be delayed if you do it this way.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Originally posted by newacct View Post
        You mean your wife will do Consular Processing and you will do AOS? It's possible, but you have to wait until she enters the US with her immigrant visa before you can file I-485, so your process will be delayed if you do it this way.
        Hi there. Thank you for the response.
        You mean she could do the consular processing even if I (the dependent) is not present during her interview? How is she going to fill up her DS 260?

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        • #5
          Originally posted by marbith View Post
          Hi there. Thank you for the response.
          You mean she could do the consular processing even if I (the dependent) is not present during her interview? How is she going to fill up her DS 260?
          Yes, of course. The principal beneficiary can immigrate by themself. You can follow to join later.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            Originally posted by newacct View Post
            Yes, of course. The principal beneficiary can immigrate by themself. You can follow to join later.
            Okay so she should just file me under ftj. She has not changed her marital status though on her passport and other documents. Is it safe to do it here in the US after she getd her green card. Thanks a lot.

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