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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 01-10-2010, 09:10 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Default Consular Processing

Friends,

Our (Me / Spouse / Kid) I-485 is pending approval and our priority date is May 2007 EB2 India. I am planning to send my spouse and Kid to India for kid education. I do not want to cancel their I-485. They may stay in India till I get my GC :=) ( I dont know when)..

Initially I thought of bringing them to US every year to renew the AP. But It is expensive for me and I am thinking it is not a wise idea.

I am thinking of applying the Consular processing only to Spouse and Kid in India. They are dependants to me. I am the primary applicant. Is it possible/allowed to apply consular processing only for dependants and keep the Primary applicant in AOS

Thanks
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  #2 (permalink)  
Old 01-11-2010, 02:52 AM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Default

bump
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  #3 (permalink)  
Old 01-11-2010, 08:53 AM
gc2 gc2 is offline
Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Finland
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 73
gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future
Default CP only for primary applicant

I was in similar situation sometime back. It seems that CP is tied to I-140 (not 485) thus primary applicant is only eligible for CP. Check out visa bulletin date progression for family class - these are catching up with EB2 dates. I would imagine when you get your GC, you could apply for dependents in family class and expect to have the same cleared in a year or so. Again this is purely speculative.
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  #4 (permalink)  
Old 01-11-2010, 02:35 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 102
rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Default Thanks

Thanks Gc2 for useful information. I will the family class.

Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
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  #5 (permalink)  
Old 01-11-2010, 03:02 PM
gc2 gc2 is offline
Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Finland
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 73
gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future gc2 has a brilliant future
Default get 2 yr AP

you dont have to withdraw 485 for dependents as it will automatically expire. In some rare cases USCIS may allow applicants who have stayed out of US beyond AP expiry date to reinstate AOS application but that is at the discretion of the officer. it could be humanitarian grounds.

if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.
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