Legal Question in Immigration Law in Illinois

I am on H1B in US and my 140 is approved with my PD current. I m not applying 485 , as I am planning to apply 485 after i get married and will apply together with my spouse, so both get GC together. Now I am planning to move back to India for personal reason. And my employer is ready to do consular process when I m back at India.

Now to convert my adjustment of status to Consular processing I think I need to file 824 and it probably needs almost a yr to get that transfer done. So can I file 824 anytime irrespective of my PD is current or not? Do I need to include my wife's name in 824 to get the GC together or I can file 824 just for myself now and later on when I get married I can include wife's name in 485 filling, so we both get GC together?


Asked on 8/29/10, 9:06 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

If you do consular processing, no I-485 will be required for a wife residing abroad.

I suggest you consult a good and experienced immigration attorney for advice regarding all of your legal options (not only the ones you mentioned), and the proper way to proceed.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/03/10, 9:24 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The I-824 can be filed even before the priority date is current. The I-485 is not applicable if the applicant is not in the U.S.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 9/04/10, 5:33 am


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