jasont2x said:My wife left the country 2 weeks after we applied for her AP.
AP was approved and I sent it to her later on.
At that time we did not know that you have to be "in the US to apply, wait for approval and then leave".
What are the implications now?
hopeofgc said:Your wife has to come back on the same AP if it is still valid. In other words, one has to use the same AP from departing and arriving in US. I don't think she can use new approved AP.
Talk to an attorney. She has effectively abandoned her green card application. Unfortunately, this isn't just by the word of the law, but is also by the USCIS interpretation of the law outlined in a memo a while back.jasont2x said:My wife left the country 2 weeks after we applied for her AP.
AP was approved and I sent it to her later on.
At that time we did not know that you have to be "in the US to apply, wait for approval and then leave".
What are the implications now?
jasont2x said:My wife left the country 2 weeks after we applied for her AP.
AP was approved and I sent it to her later on.
At that time we did not know that you have to be "in the US to apply, wait for approval and then leave".
What are the implications now?
Unfortunatelty despite what 'dw1800' has said, I think the actual GC application is abandoned. Take a look at the the article here: http://www.murthy.com/news/ukpbadpl.html. The first sentence in the section section reads: "INS considers a pending I-485 to be abandoned when the applicant departs the U.S. unless s/he was granted AP before leaving the U.S." Sadly, I think that is pretty clear what it means.jasont2x said:Is it confirmed that in this situation the application would be considered as abandoned?
dms said:Unfortunatelty despite what 'dw1800' has said, I think the actual GC application is abandoned. Take a look at the the article here: http://www.murthy.com/news/ukpbadpl.html. The first sentence in the section section reads: "INS considers a pending I-485 to be abandoned when the applicant departs the U.S. unless s/he was granted AP before leaving the U.S." Sadly, I think that is pretty clear what it means.
However, I wouldn't panic yet, but I would get the best immigration attorney you can afford and seek urgent advice.
jasont2x said:We have almost 6 months remaining on H4. But no visa stamp on passport.
She will apply at the local embassy. Hopefully they wont scrutinize too much and she should be able to reenter using H4.
Fingers crossed.
damascus said:If you are maintaining your H1 status, meaning you have not used AP when you last entered USA, your wife can get H4 VISA renewed. If you used AP last time and your stamped status in passport now is "PAROLED UNTIL...", your wife CAN NOT renew H4 visa stamp. I was in this mess before!!
Not sure which country you are from, but if you are from INDIA, you have to schedule appointment with consulate ASAP since the wait time now is about 6 Months!!
HTH
You missed that rather important fact out of your original posting. With this, your wife is OK. She just needs to get the stamp. I believe that the newly approved AP will also be valid for future use, though you may want to confirm that before using it.jasont2x said:We have almost 6 months remaining on H4. But no visa stamp on passport.
She will apply at the local embassy. Hopefully they wont scrutinize too much and she should be able to reenter using H4.
Fingers crossed.
dms said:You missed that rather important fact out of your original posting. With this, your wife is OK. She just needs to get the stamp. I believe that the newly approved AP will also be valid for future use, though you may want to confirm that before using it.