FAQ: I-485 approved while wife overseas on H4 (no AP)

H

hapanimeli

Registered Users (C)
This is a ver common situation it seems. So far I have not seen anybody with a real experience of his/her spouse being denied entry because of this case....
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My worst nightmare happened...

My I-485 was approved but my wife is still overseas on her H4 without AP. We never thought it would be approved so quickly (just a couple of months!).

Now she is coming back this weekend but her H4 is not valid anymore (as my H1 is not valid now that I have GC). She is in the I-485 process as well and she has her FPs in a couple of weeks.

I'm not sure if she should cancel the trip, do a follow-to-join, enter with Visa Waiver or what. Most of the opinions/experiences I see suggest that I'm screwed as we didn’t get the AP (courtesy of my lawyer...thinking it was not necessary...).

But other posts I have seen suggest it should be up to the IO at the POE. Some people have even re-entered with a temporary parole given at POE. Maybe she could show the I797 with the FP notice to prove she is continuing her I485 process.

Any experiences on this case?

Thanks tons for your feedback

J.
 
Same boat

Hello hapanimeli,
I am exactly in the same situation as you.
Filed for my wife's 485/EAD/AP on 07/28 (NO receipts yet)
BOth of us flew out of the country on 08/10
Got my 485 approval on 08/21 (totally unexpected)

Now I am planning to come back soon on my H1.
Not sure what to make out of my wife's status. Her H4 is no longer valid I guess.
Without her 485 receipts, it might make things more difficult at POE.


Let me know if your wife faces any issues at POE.
 
GCqueries said:
Now I am planning to come back soon on my H1.
Not sure what to make out of my wife's status. Her H4 is no longer valid I guess.
Click to expand...

If you can enter on your H1, why wouldn't she be able to enter on her H4? At the very least, the POE should parole you in or give you deferred inspection.
 
The thing is that after I-485 approval both Hs are invalid (H1 and H4). I really, really hope TheRealCanadian is right...hopefully they'll let her in and parole her or something. She needs to do her fingerprints.

I'll let you guys know
 
Just FYI, to close this thread, wife got back into the US without any problem on H4, despite having my GC approved already while she was overseas.

But to avoid problems remind your lawyer to get the AP if you plan to travel while processing your I-485

Good luck to all
 
GCqueries said:
Hello hapanimeli,
I am exactly in the same situation as you.
Filed for my wife's 485/EAD/AP on 07/28 (NO receipts yet)
BOth of us flew out of the country on 08/10
Got my 485 approval on 08/21 (totally unexpected)

Now I am planning to come back soon on my H1.
Not sure what to make out of my wife's status. Her H4 is no longer valid I guess.
Without her 485 receipts, it might make things more difficult at POE.


Let me know if your wife faces any issues at POE.
Click to expand...


Did you file your I-485 on 7/28 as well? Are you EB2 or EB3?
 
I'm in the same boat. I'm on H1B and my wife is on H4 visa. We didn't file for AP since we thought its not getting approved this year and we could always come back on our "H" visa (we came back last year that way). Surprisingly, I got I-485 approval for both of us last week, but my wife is already in India and not supposed to come back for another couple of weeks.

I received the approval notice for both of us but haven't received the card yet. Do you think I should call her back as soon as possible?
Also what happens to the EAD appointments for biometrics? Do I still have to go or its not required anymore?
 
hapanimeli, did you wife return?

hapanimeli,
Did your wife return back to the country?
Did she face any problems at POE?
Please share your experiences.

Thanks.
 
>Did your wife return back to the country?
Yes, she's back here with me :-)
>Did she face any problems at POE? Not at all. She let her in with her H4

>received the approval notice for both of us but haven't received the card >yet. Do you think I should call her back as soon as possible?
>Also what happens to the EAD appointments for biometrics? Do I still have >to go or its not required anymore?

She should be able to get back to the US with her H4. In my case I sent her via Fedex the original biometric appointment just in case the IO would ask at POE. But as I said, everything went smooth. No questions asked. Got on H4, although my H1 was not valid anymore.

Good luck!
 
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