H4 Spouse can apply consular processing alone under EB2 (I140 approved)?

Recommended Posts

I currently have valid H1 until 2025 and I have applied for I-485 AOS under EB2 category. My wife on H4 is currently not able to travel to the USA due to visa stamping date unavailability.

In case my GC gets approved, her H4 VISA will be no longer valid and she can not travel to the USA and/or apply AOS.

Question 1
Can I start consular processing for my wife before my GC approval?

Question 2
Can she travel on tourist visa to USA and apply AOS?

Link to comment

1. No. You can file I-824 but it can only be processed after your I-485 is approved (i.e. when you get your green card)

2. No. She cannot enter on most types of nonimmigrant statuses (including B2) with preconceived intent to file AOS during that stay. Only H1b/H4/L1/L2 would allow her to enter with intent to file AOS.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.