How long can one stay abroad on AP?

**pennn433** · 18th December 2003, 08:40 AM

Never used AP before and getting ready to apply one for my wife since she needs to go back home. (I am the primary applicant)

How long can you stay abroad using AP? One month, three months? My wife wants to stay a little longer, maybe a little longer than 3 months. Would that be a problem getting back to US?

Anyone with such experiences, thanks in advnace!

Penn

**texas01** · 18th December 2003, 08:53 AM

I did ask my attorney regarding this when my wife was traveling, he said 3 Months is OK longer then that is not advisable unless it is a dire need. Looks like you have't applied the AP, now a days it is taking more then 6 months to approve AP, make sure to include your I140 approval also when you apply for AP, otherwise that might be a RFE.

**BaSh** · 18th December 2003, 09:09 AM

If she is having H4 Visa stampped in the passport no problem, ask her to travel on H4 Visa only.

She can stay as much as max. 1year on AP, but in AOS you sould not outside of the country morethan 180days. So it is advisable to restrict her travel upto 4 months. If she is using AP.

BaSh

**pennn433** · 18th December 2003, 09:18 AM

Thanks a lot! Really appreciated.

I will get started with the AP application now :-)

Penn

**jamborees** · 18th December 2003, 11:53 AM

I asked my attorney before my wife travelled. She told that the duration of stay is not an issue. It is just that you have to be back before the AP expires.

My wife stayed in India for 6 months and is back now in US.

Only worry should be if she has to be back for FP / approval.

I am not sure whether EAD also has to be valid when she comes back ...