Something Posted August 7, 2022 Report Share Posted August 7, 2022 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 In case my GC gets approved, her H4 VISA will be no longer valid and she can not travel to the USA and/or apply AOS.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? Quote Link to comment
newacct Posted August 8, 2022 Report Share Posted August 8, 2022 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. Quote Link to comment
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