Consuler processing for dependents

[rmh]

Hi
I would like to apply for cp for my son who is studying in India after I140 approval. I applied for 140/485 for Feb 2004. Questions is when will be the dependents get the gc if we applied through cp. Is primary applicant has to get the gc then only the dependent can get the gc or before the primary applicant ,the dependent can the get gc . Because for the cp there is no 485 waiting so long
Thanks for the information

[JoeF]

The dependent can get the GC only after the primary applicant is a Permanent Resident.

[GabbarVakil]

Why wait?

If your under employment based green card process and your son is from a marriage which took place before you filed I-485 then you dont have to file I-130 and your son is eligible for following-to-join benefits and will not have to wait any extra time for a visa number to become available.

You should file I-824 for your son immediately. You could have done that with your I-485 filing too. Then once your I-485 is approved, the information will be sent to the embassy in India and then your son will have to get in touch with the embassy and go for the interview. If you wait for your green card and then file for I-824 then you will be unnecessarily wasting time.

[rmh]

dependents cp

Thanks GabbarVakil
I thought the same thing but lawer said after 1 140 only we can applied for 824 . I am not sure which is correct .Even I paid for 824 also but he did not applied .Where can I get the more information on this topic
Thanks for the information

[JoeF]

Re: dependents cp

An I-824 is an application to act on an approved petition. Therefore, the I-140 immigrant petition has to be approved before an I-824 can be filed.

[rmh]

dependents cp

Thanks Joef. You are right. Yesterday I downloaded the form 824 and going through instructions it says approved petition. So it is 140 to be approved.
I have one more question. what do we need to file if the depnedents under 21 who is in USA . Do we need to file 485 for the dependents . I will appreciate for the help ful information
Thanks
rmh