Check out some similar questions!

querier · Mar 8, 2009, 08:13 PM

Hello,

When I filed I-485 for myself, I did not file for my wife because she was abroad.
We now have a new kid and both are living abroad.

My I-140 is approved and I am expecting 485 approval any time. Meanwhile, wife and kid got tourist visa. They WILL or WILL NOT come based on the answer to this question:
If my 485 gets approved, we try follow to join in the US consulate abroad, will they get GC or do they have to travel to US to get GC.

We don't want to spend too much for flight and other expenses and come now if they NEED to come AGAIN this year just for GC. We'd rather cancel the tickets and wait until GC gets approved.

Please let us know, its!! URGENT!!

Thanks.

DCcityboy · Mar 9, 2009, 08:15 AM

Your wife and child must not attempt entry to the US with visitor visas. The B visitor visa does not allow entry to apply for dependent AOS.

After your PR is granted, you should have them file FTJ. Confirm that you listed your wife on your I-485 and G-325. File an I-824 with a copy of your petition, I-797 approval notice and I-551 (green card).

You should confirm the local procedures for the after-born child with an experienced immigration attorney. If this was helpful, rate this answer, thanks and good luck.

querier · Mar 9, 2009, 09:48 AM

Originally Posted by DCcityboy

your wife and child must not attempt entry to the US with visitor visas. the B visitor visa does not allow entry to apply for dependent AOS.

after your PR is granted, you should have them file FTJ. confirm that you listed your wife on your I-485 and G-325. file an I-824 with a copy of your petition, I-797 approval notice and I-551 (green card).

you should confirm the local procedures for the after-born child with an experienced immigration attorney. if this was helpful, rate this answer, thanks and good luck.

I'm just making sure the point is made well... Please see that I have NO intention to have them come over here to do their filing for FTJ or dependent AOS. They are coming just to be here during summer vacation for 3 months. They will travel back and forth using their travel visa.

However, when they go back or after they go back, if my 485 gets approved, then they will do FTJ in the US consulate abroad. So, if that FTJ processing is over, will they get their GC there or do they have to travel to US to get it..

Please let me know the above makes sense or not...

Thanks.

querier · Mar 9, 2009, 09:52 AM

Originally Posted by querier

I'm just making sure the point is made well... Please see that I have NO intention to have them come over here to do their filing for FTJ or dependant AOS. They are coming just to be here during summer vacation for 3 months. They will travel back and forth using their travel visa.

However, when they go back or after they go back, if my 485 gets approved, then they will do FTJ in the US consulate abroad. So, if that FTJ processing is over, will they get their GC there or do they have to travel to US to get it...?

Please let me know the above makes sense or not...

Thanks.

JUST FYI... MY WIFE OR KID NEVER APPLIED FOR 485 or EAD. They were on h4 and it expired.

DCcityboy · Mar 9, 2009, 10:58 AM

If the DBP inspections officer asks, your wife will need to convince him that the visit is for a temoporary visit and she and the baby will be returning to their home country to apply for the IV. FTJ is the IV process done overseas, they will then enter the US as permanent residents. I think you are confusing that and a visa to enter the US to file for AOS.

querier · Mar 9, 2009, 11:21 AM

Originally Posted by DCcityboy

if the DBP inspections officer asks, your wife will need to convince him that the visit is for a temoporary visit and she and the baby will be returning to their home country to apply for the IV. FTJ is the IV process done overseas, they will then enter the US as permanent residents. i think you are confusing that and a visa to enter the US to file for AOS.

DCCityboy, Thank you for your reply. Are you saying convincing DBP inspector, as in difficult to prove? My case is simple right? I am awaiting AOS. They are NOT. They are here for tourist visa on B. They will go back overseas and do the FTJ when the time comes.

My 485 has not been NOT approved, WILL NOT be approved by the time they come here ANDALSO, THEY NEVER APPLIED FOR ANY IMMIGRATANT VISA.

"I am kind of confused if you got my case differently...Sorry to be churning the same thing again out of confusion...."

DCcityboy · Mar 9, 2009, 12:09 PM

You and I know your wife and child are visiting. The CBP officer sees someone married to an applicant for US permanent residence. If the officer believes that she is coming to file for AOS, she could be denied entry. Have good evidence of the temporary visit and be able to explain to the officer.

Please note that the officer likely sees many people that are coming in misrepresenting their immigrant intent, its not your wife or her reason for entry that is the problem.

DCcityboy · Mar 9, 2009, 12:10 PM

Always good to check with an experienced immigration attorney, I think you can find some to talk to you on the phone. Bring up your situation and see what they have to say.

querier · Mar 9, 2009, 12:37 PM

Originally Posted by DCcityboy

you and i know your wife and child are visiting. the CBP officer sees someone married to an applicant for US permanent residence. if the officer believes that she is coming to file for AOS, she could be denied entry. have good evidence of the temporary visit and be able to explain to the officer.

please note that the officer likely sees many people that are coming in misrepresenting their immigrant intent, its not your wife or her reason for entry that is the problem.

Thank you!