485/AOS and Marriage

S

srp123

New Member
Filed 485 and got my EAD/AP in Nov\'01, but maintaining H1B status. Am getting married in Feb\'02 amd my spouse will come back with me on H4.
Immi. gurus please answer my question -

Can my spouse complete all paperwork/medical and file AOS and return back to India for about 10 months to complete here internship/residency. ?

How to take care of FP ? (I am thinking she\'ll have to visit US again for FP)

What happens if the GC gets approved when she is in India ?
Can she still use AP to enter US ?
 
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I am not sure whether a 10 month preplanned event like this is a classic abandonment case or not. But theoritically yes. I suggest, she also does her AP and then go to do her internship. Otherwise, she should be ready to come to US on a short notice so that if you change job and start using EAD or your H1 expires, she can get her AP and continue the internship

FP , you will get some notice, but she should be ready to come immediately. You can try to reschedule the FP once I think.

She can use the AP and will be admitted as a deferred Inspection case, which means that she has to go to the INS office and get the 551 stamp as soon as possible.
 
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