AP expiring and wife not in condition to travel back

W

WhyTSC

Registered Users (C)
Help Guys!!!

We were in India for my brother's marriage and while we were there thought why not try an IVF there as we had unsuccessful attempts here.

Guess what, it worked and now she is expecting. However, since this good news is coming to us after 8 long years we can not afford any chances and so she won't be able to fly back before 03/27 when her current AP expires. Unfortunately, I wasn't checking this forum or following the status too closely to realise that AP in TSC is taking around 5-6 months if you're lucky and so have filed for it only on 01/15/2004.

Now obviously, I want my wife to be here with me as I want to be as much part of the joy that she is experiencing after such a long time but the more I think about it, the more I feel bad after looking at cases where people have waited long time and I don't want the flying back to be close to the due date also.

What are my options:
1) File an expedite with TSC?
2) Goto local INS (I don't think there is such thing as interim AP but redhat got it approved from local office
thread ). Also, my situation is different as my wife is already in India so she won't be able to go in person to the local USCIS office.
3) Appear at the local consulate for visa on humanitarian basis or with letters from senator or congressman?
4) Or any other idea ??

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WhyTSC???
 
It appears to me that you are in the USA and your wife is in India at the moment - Is that corect ?

As far as I know, AP can only be applied when the person is in the USA and waiting for 485 decision. I don't believe you can apply for AP on her behalf when she is overseas.

Do you have H1 and does she have corresponding H4?
When does that expire ?

It is difficult situation.


Originally posted by WhyTSC
Help Guys!!!

We were in India for my brother's marriage and while we were there thought why not try an IVF there as we had unsuccessful attempts here.

Guess what, it worked and now she is expecting. However, since this good news is coming to us after 8 long years we can not afford any chances and so she won't be able to fly back before 03/27 when her current AP expires. Unfortunately, I wasn't checking this forum or following the status too closely to realise that AP in TSC is taking around 5-6 months if you're lucky and so have filed for it only on 01/15/2004.

Now obviously, I want my wife to be here with me as I want to be as much part of the joy that she is experiencing after such a long time but the more I think about it, the more I feel bad after looking at cases where people have waited long time and I don't want the flying back to be close to the due date also.

What are my options:
1) File an expedite with TSC?
2) Goto local INS (I don't think there is such thing as interim AP but redhat got it approved from local office
thread ). Also, my situation is different as my wife is already in India so she won't be able to go in person to the local USCIS office.
3) Appear at the local consulate for visa on humanitarian basis or with letters from senator or congressman?
4) Or any other idea ??

----------------------
WhyTSC???
Click to expand...
 
Also keep in mind that if your kid is born here then he/she will be a US citizen by birth. That would mean you would not have to worry about his greencard and citizenship as with yours.

From a personal experience standpoint as well, my wife travelled in her 8th month and she did not face any problems. Maybe you could go to India and travel with her and also take a stopover somewhere (London, Singapore, etc...) to reduce travel related stress.
 
I think its right..

1) First consult a doctor to find out if its ok
2) If its in the early months, then just travel back
3) If not, plan to do a stopover either in europe or somehwere in Asia..

Anyone else has better ideas?


Madhav
 
Another suggestion is to travel sooner - don't wait too long.

As other people suggested - take a stopover somewhere.

Another suggestion - travel business or first class - bit more comfortable.
 
Thanks for the response guys.

I agree with you on how she should stopover somewhere in between and should travel business or first class. However, since we are on advance parole we would not be able to get the visa to other countries easily plus she'll have to travel to Bombay or Delhi to get such visa.

Yes, I am in US and she is in India and she has a valid AP until end of March but we don't want her to travel until mid-April. She filed for her AP extension when she was holding a valid AP so I was thinking she should not have any problems as long as she enters with new advance parole but after looking at the http://uscis.gov/graphics/services/emergency/index.htm, it seems one should have valid approved advance parole document before leaving the country even though you're intending to use it upon return.

So, it seems now I've 2 options:
1) To file expedite request and let USCIS decide on humanitarian ground
2) Wait for the approval of this new AP and try to enter the country pretending that nothing has happened. But this may cause a problem as they'll try to probably verify everything before letting her in and will find out that she left the country when her application was pending and so she is not eligible for re-entry.

Please help gurus.
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WhyTSC - why me?
 
I know some airports offer hotel accodomation at the airport itself. I have stayed at Singapore airport - BEFORE IMMIGRATION CHECKS - inside the airport - in a very good room. I got sick and did not have visa to enter Singapore (though I found later that it was possible to obtain on the airport). But nevertheless, I stayed on airport one night and was very confortable.

So your first stop could be Singapore. From Singapore - see if there is a flight to LA - second stop at LA - can enter with AP there - stay somewhere in the hotel.

It can work out......

Originally posted by WhyTSC
Thanks for the response guys.

I agree with you on how she should stopover somewhere in between and should travel business or first class. However, since we are on advance parole we would not be able to get the visa to other countries easily plus she'll have to travel to Bombay or Delhi to get such visa.

Yes, I am in US and she is in India and she has a valid AP until end of March but we don't want her to travel until mid-April. She filed for her AP extension when she was holding a valid AP so I was thinking she should not have any problems as long as she enters with new advance parole but after looking at the http://uscis.gov/graphics/services/emergency/index.htm, it seems one should have valid approved advance parole document before leaving the country even though you're intending to use it upon return.

So, it seems now I've 2 options:
1) To file expedite request and let USCIS decide on humanitarian ground
2) Wait for the approval of this new AP and try to enter the country pretending that nothing has happened. But this may cause a problem as they'll try to probably verify everything before letting her in and will find out that she left the country when her application was pending and so she is not eligible for re-entry.

Please help gurus.
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WhyTSC - why me?
Click to expand...
 
If you post your ND/RD of 485, FP dates or H status, then you may get more help from this forum. You can request for expedite the AP process. For transit visa, we can send the passport and get it, no need of person to be present. You may better consult an attorney, since the new AP is going to be approved in her absence whether it is by expediting the AP process or normal process.
 
WhyTSC,

I have a friend who applied the AP extension for his wife and kids while they were away in India . Their AP got approved. ( They left US while their AP was valid, but stayed in India after the expiry date)

The family is still in India..so I do not know if it created any problem while reentering the country...

Like, you can ask for AP expediation on humanitarian ground. At the same time, consult a lawyer and aslo write letters to your Senator
 
plasticcard, If I understand you correctly; your friend applied for his dependents while they were in India on valid AP and their AP got approved later on. When are they coming back? Please update when they come back about their experience at airport. Also, did he ask for expedite or it just came naturally and how long it took for it to clear if it was recently (I guess it was in TSC)?

Good to see that people in this forum come back even after their card arrives to help people.

Thanks,
WhyTSC

Originally posted by plasticcard
WhyTSC,

I have a friend who applied the AP extension for his wife and kids while they were away in India . Their AP got approved. ( They left US while their AP was valid, but stayed in India after the expiry date)

The family is still in India..so I do not know if it created any problem while reentering the country...

Like, you can ask for AP expediation on humanitarian ground. At the same time, consult a lawyer and aslo write letters to your Senator
Click to expand...
 
WhyTSC,

Yes! my friend's family went to India on valid AP. Meanwhile, when their AP was about to expire, my friend reapplied for their AP extension. This AP got approved while the family is still in India.

This friend is under Nebraska service center and he is planning to bring the family only after his Green Card approval.

Even though, we were a little unsure about this plan, his lawyer said it shouldn't be a big problem as long as they have a valid AP while reentering.

If you ask to expediate the process explicitly, then you have more chance of a query since they are aware of the fact that she overstayed the period of AP..sometimes, they understand completely what you are going through and will be sympathetic.
 
AOS adjudication and away from US

Your friend's family would probably have problem as probably whole family's file will get adjudicated at once and if you're saying that you're adjusting your status and at the same time staying in India, isn't there a conflict?
 
Re: AOS adjudication and away from US

Hi WhyTSC,

I have similar situation as yours.

My wife travelled to India in Sep'03. I travelled in Oct'03. I came back in Nov 1st week. She was supposed to come back in Nov last week. Her AP expired in Dec'03. She got pregnent in the meantime and doctor advised her not to travel in the initial phase.
Her new AP is still in process. Finally I decided to do her H4 to bring her back. She applied for H4 in Mumbai last week and now waiting for it. Once, she gets H4, she will come here on H4.

Why don't you also try the same thing.

A question for folks here. Does she need transit visa if she travells thru Frankfurt thru Delta Airlines.

Pl. let me know.

Thanks and Good luck to WhyTSC.
 
Sam,

Thanks for the update. However, in my case I'm not maintaining H1 status since last 15 months so if I'll have to file her H4, I'll have to file my H1 which will come under new H1 and hence will be approved for period beginning Oct 2004. I want her here in May 2004.

I guess you had current H1.

Thanks,
Ronak Shah
 
Hi Ronak,

I got my H1 extension recently, which I have sent to my wife for getting her H4. She has still not got though. She is waiting. IF she does not get it, then we are planning to do her delivery in India. No choice. :(

So, I guess for you, AP is the only option I can think of. Another thing to try is to go to local consulate and present the case and to get AP extension or something.

Wish you and me Good luck. :)
 
If you can afford buy a first class ticket... if she is travelling alone....that would make things easier
 
WhyTSC,

Some local offices will issue AP on emergency/humanitarian grounds even if you applied in TSC (some don't whatever your situation is---like Miami, FL).
Obtain a medical certificate from her Doctor stating that she can't travel before March 27 and then argue on humanitarian ground that you do not want to be separated from her for a long time...It may work sometimes..
 
Which is my local office for AP

I am from West Palm Beach, FL. Is it West Palm Beach (satellite office) or Miami (district office)?
 
did her Doctor advised not to fly or move fast in first 3 /4 months ? pls check this out with Doctor.
 
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