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... I am really worried.

Thanks!
Priya
 
just go and come back on your AP..should not matter if you have not had time to make an appointment....
that is exactly what the AP is used for...to make travel possible while your application has been pending/approved while on travel....

the timing should not be an issue.
 
hope it doesn't get approved before leaving

If you are approved after leaving US, no problems.

One member on forum (niti) got approved 5 days before leaving and managed to get the passport stamped by walking in and using the e-mail message.

Please search with keyword 'niti'
 
Go to India with peace of mind. You can re enter with ur AP evenif you are approved while u are away. The 485 approval notice doesn't say any time within which you have to get it stamped.
My lawyer was telling that: If u get approved when you are in India,

You can enter with AP. In the worst case you may have to go back to the POE to show your stamping with couple of weeks.

So have a nice time.
 
rajudm said:
If you are approved after leaving US, no problems.

One member on forum (niti) got approved 5 days before leaving and managed to get the passport stamped by walking in and using the e-mail message.

Please search with keyword 'niti'
Click to expand...

I don't think it's a problem even if you would get approved couple days before your travel. Not all people check USCIS web-site every day to find out the status of their cases. Sometimes happens that the notices get lost in the mail or it takes more than a month to receive it after they were mailed. There is no way USCIS can prove that you left country knowing about your approved petition. It is strictly my opinion, but I think you should be fine as long as you have a valid AP.
 
lengthy discussion....

We had a lengthy discussion on this topic around November 10 to 18th of last year. I was also arguing that ignorance is bliss..but others were suggesting other way.

If USCIS comes to know that a mail has been sent to the candidate and a technology to prove that the mail was opened before departure from US, then it becomes difficult to prove otherwise. The current system is not able to do name check & DOB clearance after 2 years of waiting....For one's bad luck it might come true.
 
rajudm said:
If USCIS comes to know that a mail has been sent to the candidate and a technology to prove that the mail was opened before departure from US, then it becomes difficult to prove otherwise.
Click to expand...

I am not in the position to argue about it - I might be wrong. But USCIS has no way to know when the recipient got the letter - they only have a date when it was sent. Otherwise everyone has to be afraid to leave US since the mailman can come with the approval letter after you left to the airport.

rajudm said:
The current system is not able to do name check & DOB clearance after 2 years of waiting....For one's bad luck it might come true.
Click to expand...

Life itself is risky. Something could happen anytime. But I don't think that people should cancel their trips or planned vacations and loose a lot of money if they receive approvals couple days before they have to leave. It just doesn't sound logical.
 
not logical but it is USCIS...

I guess there is no logic left in USCIS processing, so everyone needs to be careful in this stupid process.
:D :D
 
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