Please kindly help with CP/I-485 issue!!!!!

[sbp123]

Hi all,

Here are my details :

Cat****y : EB2 India
Location : Nebraska
Labor: 05/99
I-140: 10/99
I485 RD: 01/00
I485 ND: 01/00


1. I was not married when my I-140 got approved. I brought my wife on H4 to U.S. and filed for my I485 at NSC adding her with my application for AOS.

2. Last week I received an interview letter from New Delhi for CP for just myself. I did not apply for CP and have no idea why NVC transferred my case to New Delhi. We have not received or filled Packets 3 or 4.

3. My present situation is:

a] My I-485 is in queue at NSC.

b] The CP interview is scheduled for JAN'01 just for ME and "NOT" for my wife.

My questions are:

1. Can I go for my CP without withdrawing my case from NSC.

2. If I do go for my CP how can I add my wife also for CP.

3. My lawyer does not have prior experience with CP and is not recommending me to go for it. He is suggesting us to request Delhi to send our papers back to Nebraska and wait for AOS to take place from NSC.

We are totally confused and desperate to get answers for the above. Please share your thoughts and experiences with us.


Thanks

[kathuat]

1. There has been a recent regulation that if you are doing AOS and CP concurrently, your AOS would be considered abandoned.

However, I have heard/read postings of many people who have gone for CP with their AOS filed and successfully completed CP.

2.I think what might have happened that your I-140 would have been sent to the NVC. After some time the NVC transfers the case to the local consulate for processing and thats how you received your interview. I think in December you will receive Packet IV from Delhi and this generally has the Packet III forms too. You can fill the forms and take them in the interview. You can fill the Packet III and Packet IV forms for your wife too. The only thing that you would need to establish relationship is your marriage certificate. For a detailed list of documents that should be carried in the CP, refer to the list of documents on the immihelps web site. Also, when the Delhi consulate sends you the Packet IV that will have a list of the documents that need to be carried. So, in short you will not have any problem processing the CP for your wife with you.

3. Lawyers are generally not so aware of the CP process and recommend against it. However, the CP process is very safe and a sure shot provided you don't have disqualifying criteria such as criminal record, communicable disease etc. It allows you to get over the uncertainity of the GC process in a short amount of time.

Do some research on your own on the postings on this website. You are a lucky guy that you have got interview without sending the Packet III. My advise go for CP.Also,look for my posting of a successful CP in Delhi on this website. If you have any more questions, do let me know.

Good Luck.

PS:This is NOT legal advise. Please use at your own risk.

[sbp123]

Thanks Kathuat, Congrats on your successful CP!!! Your reply was extremely useful and informative.

I have few other questions:

1] We spoke with the embassy in New Delhi and explained to them that my wife's name was missing from the appointment letter for the interview. I mentioned to them she was on an H4 visa and the counselor at the embassy said that he would add her name to the appointment letter and mail it to my Indian address along with Packet-4. My parents have received that package just yesterday. We will receive it in a few days.

I wanted to ask you whether I should get my CP forms certified by my attorney? My attorney is NOT willing to co-operate on this till we withdraw our I485 from NSC. Can we fill Packets 3 and 4 ourselves and get them notorized from someone other than my attorney. Is an attorney required for CP processing at all???? If yes can we use a different attorney?

2] Should we withdraw our I485 before we leave for CP? We don't want to take this chance till our CP gets approved.

3] My other concern is that my salary has increased almost 55% from my Labor application. Should I expect any questions
on this during my interview. If so what should my appropriate response?

4] Finally are we required to procure a Police Certificate from India for the CP? Is there a prescribed format for this letter?

We really appreciate your help and look forward to hearing from you.

[kathuat]

1. There is no need for the Packet III and Packet IV forms to be certified by the attorney. You even don't need an Attorney for the CP process and you can do it all yourself.
CP process is so simple and basically Packet III and Packet IV are filling personal information about you which you can do yourself.

The only thing you need from your employer, is an employment letter-the format of which is available on the immihelp's web site. The letter needs to be notarized.

Besides that you would need to fill up I-134 available on this web site and get it notarized. Also, carry a IRS-9003 for your wife and yourself. Of Course, Birth Certificate for you and your wife plus marriage certificate is required.

2. I think there is no need to withdraw your I-485 before you leave.

3. It doesn't matter if your salary has increased by 55%. You can mention the current salary in the employment letter. The only thing they are interested in seeing is that the employer is willing to pay the salary mentioned in the Labor Cert(they don't care if the salary is above the labor cert salary) but make sure the employment letter has the same job position that was certified in the Labor Cert. As I said before, the employment letter needs to be notarized.

4. There is no police certificates required if you have stayed only in India and US. The Packet IV explicitly says you don't need police certificates for India.

I hope this helps. Good Luck again.

[sbp123]

Please kindly help with CP/I-485 issue!!!!!

Thanks Kathuat! I sincerely appreciate and value your time and assistance for our case.I will keep you and everyone else on this board posted on this case.

One final thought since you mentioned I should not withdraw my case from here then, would that not create a problem at POE? (Assuming there is a record for it.)

Thanks

[tapansarkar]

Help on a similar case

Kathuat,
As I was going through the site for a similar situation, I find and do appreciate the kind of help you have rendered in many cases. I would request you to kindly look into my case 'yet to find someone' on this board and help me.Let me know if you need any more details.
With regards

sbp123,
Please keep us posted. Thanks to you too !