Husband filing Adjustment of Status and Wife opting for Consular Processing.

[skanaga 0]

Hi, when my Priority Dates gets current, I am planning to file Adjustment of Status.

Is it possible for the to Husband to file Adjustment of Status and Wife opting for Consular Processing.

[JimVaPhuong 4,863]

Hi, when my Priority Dates gets current, I am planning to file Adjustment of Status.

Is it possible for the to Husband to file Adjustment of Status and Wife opting for Consular Processing.

Are you and your wife both immigrating? On what basis are you applying for AOS?

[skanaga 0]

Are you and your wife both immigrating? On what basis are you applying for AOS?

I am already in US. Wife is in India. It is going to be in EB2 Category.

[JimVaPhuong 4,863]

I am already in US. Wife is in India. It is going to be in EB2 Category.

Ok, that's outside any area I've studied. I don't know if consular processing would be available for her. Is there an immigrant visa for someone who is a derivative of an EB2? If not then I would think she'd need to get a non-immigrant derivative visa first, and then adjust status in the US. Maybe there's another VJ member who knows more about this.

[Harpa Timsah 13,258]

Jim, you seemed to know something about it before

http://www.visajourney.com/forums/topic/313331-adjustment-of-status-when-wife-entering-in-tourist-visa/page__p__4705363#entry4705363

[JimVaPhuong 4,863]

Jim, you seemed to know something about it before

http://www.visajourney.com/forums/topic/313331-adjustment-of-status-when-wife-entering-in-tourist-visa/page__p__4705363#entry4705363

That was a different question. He was asking if she could adjust from a tourist visa. That's not possible because a tourist visa is not a dual-intent visa. With few exceptions, only an immediate relative of a US citizen can adjust from a tourist visa.

Now he's asking about consular processing. From what I know, that would require an immigrant visa. I don't know of an immigrant visa for a derivative of an EB-2. I told him in that other thread that his wife could get an E-21 visa as a derivative, and then come to the US and adjust status. That was from reading one informational page at the USCIS website. Much more than that I don't know.

[skanaga 0]

That was a different question. He was asking if she could adjust from a tourist visa. That's not possible because a tourist visa is not a dual-intent visa. With few exceptions, only an immediate relative of a US citizen can adjust from a tourist visa.

Now he's asking about consular processing. From what I know, that would require an immigrant visa. I don't know of an immigrant visa for a derivative of an EB-2. I told him in that other thread that his wife could get an E-21 visa as a derivative, and then come to the US and adjust status. That was from reading one informational page at the USCIS website. Much more than that I don't know.

Thank you all for your wonderful Replies.