485 pending & planned travel... need advice

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Priya_GC

Registered Users (C)
Hi everyone,

Here is my case history. I am a derivative applicant and my husband's I-485 case has already been approved (2 weeks ago). We plan to go to India very soon. I am worried because of two reasons:

1. What happens if I get approved just before leaving and there is no time to make an appointment for stamping? What will happen when I try to re-enter in about one month?

2. What happens if I get approved while I am out of the country?

I am currently working on EAD and I do have advance parole.

Gurus, please help... unitednations, mxc, and other people... I am really worried.

Thanks!
Priya
 
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I think once you find the case is approved, you can always come back with AP. It takes time to mail the approval letter to you, they shouldn't reject you just b/z yr case has been approved.
 
You have nothing to worry if you have valid AP and you do not stay away for more than one or two months.
 
From all the replies, it seems that it's OK if I get approved while I am out of the country. I can use AP to re-enter.

Now, what if I receive the approval notice, say, on Friday evening and I am leaving on Saturday evening? Should I just continue with my travel plans and try to re-enter with my advance parole? Anyone done this before? I know its really hairsplitting but I am worried. Any insights?
 
If receive the approval notice before leaving I would rather delay the trip (assme no urgent issue) and get passport stampted first.
 
did you open another thread....???

There were few topics discussed on your other thread....may be it was on I-485 issues....atleast take a look at your own thread.
 
Priya GC, my and my wife's cases were approved and my son's case was not. My attorney told us not to take him out of the country even though he had a valid AP.
His explanation was, my son's case is derivative of my case and my case is already approved, my son's case do not have a base as derived case of my I-485 anymore and it would create problems at POE. It would have been OK if you left US while your husband's case is still pending and came back on AP even though his case was approved while you are out of country. Please talk to your attorney before leaving country on AP and pending derived I-485 application.
 
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Visak...you are right...

ONce GC is approved AP gets invalidated if you are still in US. That was the crux of lengthy discussion on forum during November 2004.

As long as I485 is pending.....nothing to worry (even if husband's case approved).
 
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