Current in June. Question about filing AOS for Spouse


Recommended Posts


My PD will be current in June. I have already filed my I-485 in 2007 and done with FP and medicals. I got married this year and my husband is working in Canada but he has a H4 visa based on my H1B visa. I am working with my firms attorneys to file his AOS as my dependent in June. To this end, he will be coming into US on a H4. I had a couple of questions:

1) The lawyers say that he should remain in US until they get a Notice of Receipt of his AOS application. They will be filing for his EAD and AP concurrently. After they get the Notice of Receipt he can travel out on his H4. Is that normally the procedure or does he have to remain in the country until his AP (or AOS) is approved?

2) What is the typical wait time for FP and medicals after filing AOS?

3) We both will be travelling to India in July-Aug timeframe for about 2-3 weeks - we cannot postpone this trip. Since AP usually takes 90-120 days, I doubt if my husband will have AP in hand by then. But since we have valid visas we are going to travel. My only fear is if my AOS gets approved before I return and his is still pending. In this case, his H4 is invalid.

How are a couple's AOS applications handled? Both are approved at the same time?

4) In case we are called to appear for an interview while we are in India, can it be postponed?

I am just trying to figure out all the various scenarios. Any feedback from past experiences will help!

Thank you!


Link to comment

I have one advice for you. RUSH.

Once your I-485 or GC is approved, your husband will not be able to stay on H4. I have known many people who cudnt get your spouse to US because their GC got approved and their spouse was stuck because of this. It is very critical that his AOS is filed and approved before your I-48 approval.

Link to comment

1) If you have an H or L visa, you can travel without AP.

2) Medicals are submitted with the petition, thus they are done BEFORE the petition is filed. FPs are usually scheduled 1-3 months after the filing date.

3) He still should be able to enter on H4 if you enter on H1. Just make sure you don't spill the beans your AOS is approved (there is no 100% guarantee even if you receive the email, anyway). Plenty of people entered on H1/H4 after approval.

4) Yes, call 1-800 number. It is very unlikely you would be asked to go through an interview.

Link to comment


This topic is now archived and is closed to further replies.