AOS for Dependent


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Posting on behalf of my friend:

He is planning to visit consulate for AOS and come back to US, his wife and kids are in US on H4 visa and are not willing to go for AOS now.

What are the options the kids and wife has ? Will they automatically receive GC or they need also to visit consulate abroad for AOS later.

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If AOS stands for Adjustment of Status, that is the process for getting a green card from within the US. You do not go to the consulate. If you go to the consulate to get an immigrant visa, that is called Consular Processing. To get a green card, you either do Adjustment of Status or Consular Processing, not both. So which process is your friend doing, and which process are his wife and kids doing?

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sorry, he meant consular processing. There is a long wiat time for AOS, so he is thinking alternate plan for going to Canada or other 3rd county to do Consular processing. So, the questions are:

1. Can he go to 3rd county to do consular processing

2. If he decides to go alone for consular processing, What happens to status of his wife and kids that are on H4 ? They can file AOS while in US and he remains on GC. Is that possible ?

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