r2i forum

I would like to know the details for the following. Can any one know the answers?Thanks,

My family is planning to return to India for good during first week of March 2012. My wife and my daughter are in adjustment status and my son is US citizen. I am planning to stay and work in USA for some more time.
1. Is it possible to change to consular process for my wife and my daughter?
2. If yes, can you let me know the procedures and documents to be filed?
3. Also, during consular processing, can they visit USA?
4. Do I have to file any document for my son for his extended stay in India? He has PIO.

The most important question is,
1. Will my family leaving for India and I am staying here , affect my adjustment status? Am I allowed to stay here legally and work on EAD legally?
2. Is it possible for me to visit India and come back to USA as long as I have AP and other 485 documents?

If I decide not to change to consular processing for my family and abandon 485 processing, is it allowed? Will this affect my status in USA by anyway? Please let me know. Thanks,

The below are just my understanding of the law and I would suggest you verify it with an attorney.

1. Yes, you wife and kid can leave for India. Your application (assuming primary) can still stay here and work on an EAD. For your wife to move to consular processing, you have to send your approved I-130, I-140 and apply for I-824 at the CP center in India. Once your case is approved, send them a copy of your card and it should open up her case, if it already doesn't trigger it.
I'm not sure about their visits to the US during a CP process. You might need to check with an attorney though I don't see why they can't. Your son's stay in India needs a special registration if the stay is beyond 180 days. Check this site http://www.immihelp.com/nri/foreigner-registration/foreigners-regional-registration-officers.html. You can call and check with them too.

Your family living in India while you working on an EAD here should not affect your case. Again, only an attorney shouldbe able to give you a black and white answer.

You abandoning the GC process for your family is your right and you will NOT be questioned on that. Your status will not be affected due to this change.

I agree with PG.

To myunderstanding as long as you have valid EAD, You are eligible to stay in USA and work
With valid AP you will able to travel outside of USA and come back.