485 approved and AP Expired while abroad

A

AJD

Registered Users (C)
My spouse is abroad on AP and her 485 is now approved. However, she is unable to travel immediately to get the passport stamped. By the time she is ready to travel, her AP will expire.

1-What are the options?
2-Will she be allowed to enter on AP if she shows the original letter of approval?
3-Even if she is allowed to enter into US, will she be allowed to board the plane at the port of exit?
4-Can she approach the local US consulate and ask for extension based on current AP and approval letter?

Please help as this is not so good situation.
 
AJD said:
My spouse is abroad on AP and her 485 is now approved. However, she is unable to travel immediately to get the passport stamped. By the time she is ready to travel, her AP will expire.

1-What are the options?
2-Will she be allowed to enter on AP if she shows the original letter of approval?
3-Even if she is allowed to enter into US, will she be allowed to board the plane at the port of exit?
4-Can she approach the local US consulate and ask for extension based on current AP and approval letter?

Please help as this is not so good situation.
Click to expand...


My wife was in a similar situation. After consulting an attorney and an immigration officer at the local USCIS, we decided that best choice was to have her back before the expiration of the AP. I personally don't recommend any other "options", unless you really have a crave for adrenaline.

In particular, you have a very good point that she won't be allowed to board a plane with an expired AP. The local US consulate won't be able to help you with your AP.

Good luck!
 
Hugh,

Thank you for your response. Yes the solution of getting her to baord the plane before AP expires is the key. But that itself is problem for me.

I have one more question for you,
"What was the time frame when your spouse got approval and got it stamped on passport"? How much was the duration between the two events?

AJD
 
AJD said:
My spouse is abroad on AP and her 485 is now approved. However, she is unable to travel immediately to get the passport stamped. By the time she is ready to travel, her AP will expire.......
Click to expand...

Sorry,not an answer to yur question. I am not clear what exactly you mean when you say "By the time she is ready to travel, her AP will expire". Had the I-485 been not approved for your wife, how would your wife have come back to the US if her AP expired? I mean on H1 or some other NIV?
 
Santo,

Good question. But that would also be a question at that time if her 485 was not approved and AP expired. She is not in a position to travel as she is physically unable to do so.

Found a link that gives more insight. As I have got the stamp on my pasport (that is I am a GC holder now) and that my GC was through employment based, it opens some hope on back-up plan.

http://uscis.gov/graphics/howdoi/appproc.htm
 
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