Urgent help please, AOS or CP

[krishnakrishna]

Hello,

I am H1 visa, my wife is with me. and i got approved i-140. my wife joined me in the process of i-140. i didn't include my wife name in it.

now my wife wants to goto india and stay there for some time(family problems). my question is, is it possible if i apply for 485 here and CP for my wife in india while she is in India.

she is willing to stay there until GC aproved thru CP.

if this process is ok. and here GC comes first, is there any problem to come back her before i get approved with GC thru 485 here.

what are the steps needed for her to apply CP.

thanks in advance.

please reply urgent.

Krishna mallik

[abu lafya]

Not legal advise:
from what I know, you cannot do that.
Either CP or AOS for the both of you.
There might be (I am not sure) issues if you declare her to reside in India, vs. just temporary homeland visit, if you choose AOS.
For CP, I don't know of any problem.