SS

Hi,

MY PD is current and I am about to send packet 3 to Mumbai Consulate. My wife is the
beneficiary of my application. Unfortunately, due to some medical condition, she is
not allowed to make any overseas travel in next 4 to 5 months (which is also the
expected turn around time for an interview, based on what I have read). My question
is, can I represent (proxy) her during the interview or does she have to be
physically present no matter what?

We are also considering less attractive alternatives like filing 485 or sending a
request to change consulate to Canada.

Your help is greatly appreciated, SS

Sylvia Ottemoeller

SS wrote:

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She has to be physically present no matter what.

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You can simply postpone the interview. You can delay sending Packet 3; or you can ask
the consulate to schedule the interview after a certain date, and it will do so, up
to at least one year after the I-140 approval.

Don't even think of trying to change to Canada.

If you run out of time in your temporary status, you can appear at a consular
interview at an earlier date than your wife, and she can follow to join. However, you
then have the problem of her temporary status when she can no longer be a dependent
on your temporary status. She could apply to change to B-2 status, or something like
that; I would consult with an attorney about that point if I were you.