Both AOS and CP possible?

[Maken]

Hello

I would be possibly applying for 485 AOS soon. My wife (on H4) who is dependant on my GC may have to travel to home country in couple of months because she is pregnant. And because our H1 and H4 is valid till mid-next year which I know will not get extended. Doctor advised she should travel soon if she has to.

My question is -

Can I apply AOS now for myself and go on EAD, while my wife who goes to her home country can apply for her 485 via CP?

Can we both apply 485 via different methods. I know people would suggest both of us to be in 1 location. But is it possible to apply AOS for primary and CP for dependant on same GC?

[JoeF]

Hello

I would be possibly applying for 485 AOS soon. My wife (on H4) who is dependant on my GC may have to travel to home country in couple of months because she is pregnant.

One doesn't imply the other.

It is perfectly ok to give birth in the US. Of course, if she doesn't want that for some reason, then she would have to travel abroad. But pregnancy doesn't mean that she has to travel abroad to give birth.

And because our H1 and H4 is valid till mid-next year which I know will not get extended.

if you file an I485, you can get an EAD to work. The same for your wife.

Can I apply AOS now for myself and go on EAD, while my wife who goes to her home country can apply for her 485 via CP?

Once your I-485 is approved, she could go for follow-to-join through consular processing.

Nothing can be done while your I-485 is pending.

[Maken]

In case of emergency due to health issues, can my wife (on H4) file for B1 and stay longer for delivery if she is advised to not fly?

Thanks for the telling me the follow to join option. That sounds good. Will go for that procedure if she is allowed to fly back home and I apply for AOS.

[JoeF]

In case of emergency due to health issues, can my wife (on H4) file for B1 and stay longer for delivery if she is advised to not fly?

If your PD becomes current before your H1 and her H4 expires, why bother with a B visa? Why not file I-485s?

[Maken]

I agree, I will file 485 when it becomes current.

But if things go suddenly slow with the GC, in the scenario of emergency due to health issues, can my wife (on H4) file for B1 and stay longer for delivery if she is advised to not fly?

Thanks

[BigJoe5]

There are too many "IF .... THEN" possibilities for a forum. You need to sit down with an attorney.

Why do you folks NOT want your child to be born a USC?

[JoeF]

I agree, I will file 485 when it becomes current.

But if things go suddenly slow with the GC, in the scenario of emergency due to health issues, can my wife (on H4) file for B1 and stay longer for delivery if she is advised to not fly?

Thanks

And the earth could also get hit by a comet... Or you could get hit by a car...

It is impossible to cover all possibilities. Life is unpredictable.

If something unexpected comes up, you deal with it then.

[Maken]

All I need to know-

Can my wife (on H4) file for B1 and stay longer for delivery if she is advised to not fly and her H4 status is expiring?

Thanks

[JoeF]

All I need to know-

Can my wife (on H4) file for B1 and stay longer for delivery if she is advised to not fly and her H4 status is expiring?

Thanks

A B1 is a business visa. Would she work for a foreign company while here?

It is obvious that you need some education about all this stuff.

You make things way more complicated than they are.

When the PD becomes current, both you and your wife file I-485s. Problem solved.

[Maken]

Can she apply for a tourist visa in that scenario?

[bodhigan]

Can she apply for a tourist visa in that scenario?

I think she needs to leave the US to do that. You can't file for a tourist visa to the US when you are already in the US.

[JoeF]

Can she apply for a tourist visa in that scenario?

May I ask what part of

"You make things way more complicated than they are.

When the PD becomes current, both you and your wife file I-485s. Problem solved"

you don't understand?

[BigJoe5]

If your wife goes abroad without advance parole and without a "dual intent" (H or L) visas to use for her return; and gives birth, she and the child will probably be stuck abroad until your I-485 is approved. After that you can file an I-824 for their "follow-to-join" consular immigrant visa processing.