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.
 
1-What are the options?
One Option if she gets the Card at home then you can send it to her.
(for some cases without stampping in the passport they are issuing the cards)
Do your passport stampping immediatly so that cards are ordered. IF you are lucky you will get her also.

2-Will she be allowed to enter on AP if she shows the original letter of approval?

I don't think so, she need a visa /parol to travel.

3-Even if she is allowed to enter into US, will she be allowed to board the plane at the port of exit?

She will not allow to board the plane.

4-Can she approach the local US consulate and ask for extension based on current AP and approval letter?

That is stupid thing, try to findout from your lawyer what are the other options.

Or try to get her the visitor/business visa and do the rest.
 
Bash,

Thanks for your reply. But your answer to option 1 does not sound practical. For one, they do not issue cards without stamping, do they? They need someone to go personally, fill-out form I-89 which has a finger print.
This case is possible in case of minor under age 14 who does not need to have a finger print.

Please elaborate.
 
For some people who are not stampped in their passports they will get the plastic card.

IF your wife is holding valid AP, then ask her to come and getit stampped.
Did you applied for her AP renewal ?


Findout the procedure, I am also not sure how it is ?

BaSh :cool:
 
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after approval when you go for passport stamping they take finger prints .. so i believe inorder to get the card atleast you need to give the finger prints .....
 
Thanks to Akra, IP302.

Bash,

In order for card to be ordered one needs to fill form I-89. The form I-89 asks for FP and for that purpose presence is required.


Guys please give me suggestion. Can I approach the officer at local USCIS, explain the situation and see if I can get the form I-89, mail to spouse and then bring it back to USCIS. This is just a possibility but hey you never know until you ask, right. is there any other suggestion?
 
AJD -
Talk to an attorney to see what your options are... Since her AP is not yet expired, there should be legal options, if there is a valid reason not to travel.(medical/otherwise)
 
In case you had not been approved she would have travelled back before AP expires ? she can do it right away.

Get her a canadian visa and enter via road.
 
She can come one or two days get stamped and go back. You are complicating the situation.

Only options is apply I-824 and If she is in Bombay consulate area she can apply for CP (FTJ) without the approval of I-824 or wait for the approval of I - 824.
 
deepak007,

Let us say she gets a Canadian visa but how the officers at border would let her in with expired AP? Would they look at Approved 485 and then let her in?
Are you trying to say something where I need to read between the lines?

tammy2,
Yes, she is in Mumbai. But how can we do CP if we have already approved through AOS? What are those two options that you were suggesting,

1.With I-824 Approval and
2. Withthout I-824 approval.

Kindly give some details.

Thanking you for your answers.
 
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AJD,

lets say that ur wife's approval had not come yet, would she not have had to come back to USA before expiry of AP, instaed of going through all the hassel if there is still time then let her come back now get the stamp and return

if there are medical or otherreasons then I think one of the ways might be to contact the local consulate and explain the situation to them, they might provide a certain transportation letter, which will allow her to board the plane and be sent for deferred inspection upon arrival.

other wise you wil have to go for FTJ, requesting that her process be finished at the Consulate, and forgo the current approval, and a longer wait.
 
AJD

What i said was that option:1 is she comes back. You woulsd have ensured that she came back if your petition were not approved, why cant you do that now, pretend that you are not approved. the risks that you want to take are too great.

Option :2 , in case AP is already expired, i said canadian visa and entry via canada. I have travelled on AP, they will not allow you to board a carrier till you have a visa, AP GC etc. You cant even come face to face with US officers. WIth coming in via canada you face the US immigration officer at port of entry, would be a better situation as they could look at the approval letter and let you in with a fine or whatever.
 
Thanks to waiting toolong and Deepak.

I understand the importance of getting her before her AP expires, as I know the pain that I would go through if I do not do so. I am trying to see a contigency plan.

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

Thanks.
 
If you really not able to bring back before the expiry of AP then Call the consulate and tell them details. They will have some way. They may issue a transportation letter on Humanitarian grounds.
 
Robin

Nothing has moved. The AP will expire soon and I am trying to convince her. I may take,

1. Follow to Join approach - I have not explored the details as yet.
2. Canadian Visa
 
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