AP pending, wife left to India on family urgency

mallasani

Registered Users (C)
Gurus,

I got my green card during July/2007, my wife is derivative applicant to my application, her case is pending with TSC to date.

March 22nd 2008 we applied for her I-131(AP) and it is pending with TSC to date, she left to India on 15th June 2008 on family emergency.

We were under the impression that I can mail approved AP to India and she use it to come back.

Later I learned that we committed a terrible mistake, what to do now, please advise.

My 7 year old son is GC holder and daughter 2 years old USC are stuck with her in India, my son has to come back to attend his school in from 05/Sept/2008.


Is there any way to bring my wife back into US?

Appreciate any help.

Thanks
Mallasani
 

mmed

Volunteer Moderator
Gurus,

I got my green card during July/2007, my wife is derivative applicant to my application, her case is pending with TSC to date.

March 22nd 2008 we applied for her I-131(AP) and it is pending with TSC to date, she left to India on 15th June 2008 on family emergency.

We were under the impression that I can mail approved AP to India and she use it to come back.

Later I learned that we committed a terrible mistake, what to do now, please advise.

My 7 year old son is GC holder and daughter 2 years old USC are stuck with her in India, my son has to come back to attend his school in from 05/Sept/2008.


Is there any way to bring my wife back into US?

Appreciate any help.

Thanks
Mallasani

Your son and daughter can come and you pick them in the airport. You can sponsor your wife for GC again when you become citizen
 

mmed

Volunteer Moderator
Please don't post such nonsense on the forums.

Does the original poster have an H1? Could his wife get an H4?

To make it sense:
1- Copy and paste from I-485 instructions “departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment-of-status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called ''advance parole.''.
2- The OP is already GC holder almost one year ago (which will drop out any dependent’s visa like H4 even if the stamp is still valid, I may be wrong and her H4 is still valid)
3- The I-131 should be granted before leaving the country
4- The OP should know the exact situation and real solutions which will not put him in troubles down the road (e.g. just mail the AP overseas, let her to enter in valid H4 visa while in fact she is not H anymore, and so on)
5- I have family and understand how many regulations make nonsense but already there and we have to deal with it as it is and I hope for the OP to find solution for the situation which keeps the unity of his family.
 

tammy2

Registered Users (C)
To make it sense:
1- Copy and paste from I-485 instructions “departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment-of-status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called ''advance parole.''.
2- The OP is already GC holder almost one year ago (which will drop out any dependent’s visa like H4 even if the stamp is still valid, I may be wrong and her H4 is still valid)
3- The I-131 should be granted before leaving the country
4- The OP should know the exact situation and real solutions which will not put him in troubles down the road (e.g. just mail the AP overseas, let her to enter in valid H4 visa while in fact she is not H anymore, and so on)
5- I have family and understand how many regulations make nonsense but already there and we have to deal with it as it is and I hope for the OP to find solution for the situation which keeps the unity of his family.

In worst case he can do a follow to join. No need to wait until becoming a citizen. He has married prior to his green card approval

I would say Ask her to come back on the Advance parole. I have seen many people entering with advance parole which was approved after they left US. POE officers will not notice this. Even if they notice they will not create a problem.


In worst scenario they will let her in on humanitarian grounds. If I was him I would have given a try.
 

TheRealCanadian

Volunteer Moderator
To make it sense:

You are correct; I missed the part where he got the GC already. Apologies.

However, even in the worst case one does not need to refile under FB2 or wait until he becomes a citizen; as tammy points out one can do an FTJ.

But yes, I would attempt to travel on the AP; the POE can still parole her in even if the AP isn't valid.
 

nj_skm

Registered Users (C)
Also what sort of urgency was it? If it was a real family emergency, you can appeal to humanitarian grounds.
 

mallasani

Registered Users (C)
Gurus,

Thank You all for suggestions, my lawyer said that i can mail the AP to her and she can come back on it, lawyer said applicant needs to be in USA while applying.



Thanks again
Mallasani
 

TheRealCanadian

Volunteer Moderator
Thank You all for suggestions, my lawyer said that i can mail the AP to her and she can come back on it, lawyer said applicant needs to be in USA while applying.

One thing I believe everyone can agree on is that fact that your attorney is wrong. If an alien wants to use an AP to re-enter, that AP must have been approved before the alien left the US.
 

mallasani

Registered Users (C)
we do not have any visas like H1,H4,L etc, i am the primary applicant and i got my GC one year ago, for some reason my wife application is pending with TSC, I will let her try coming back on AP, in case of problems i can file for a humanitarian payroll, one of the family member got heart attack and was admitted to hospital .

Thanks
Mallasani
 

mallasani

Registered Users (C)
Real Candian,

You are right, not sure why replied that way though, by the way my wife is a canadian immigrant, does that help in any way if she get in to troble.

how can file FTJ and how long will it take to approve.

Appreciate your help.
Mallasani
 

TheRealCanadian

Volunteer Moderator
I will let her try coming back on AP, in case of problems i can file for a humanitarian payroll, one of the family member got heart attack and was admitted to hospital .

That's the best course of action - the POE can parole her in, AP or not, so I'd try and re-enter on the AP, and if there's a problem beg for sympathy at the POE. The fact that she has two small children with her will not hurt either.
 

mmed

Volunteer Moderator
Gurus,

Thank You all for suggestions, my lawyer said that i can mail the AP to her and she can come back on it, lawyer said applicant needs to be in USA while applying.



Thanks again
Mallasani

Your lawyer is completely wrong. The point here is that the AP is still pending till this minute and I am worried that her I-485 get adversely affected now because of her travel and consequently the pending I-131 get denied. I advise you to find another route or options while you are waiting for USCIS mistake to issue the AP, then you mail it, then she come back on it and the officer will not notice the date of its issuance and the departure date.
For those who know somebody returned back to US with AP mailed to him overseas, mostly those are H1 or H4 and reluctant to go to consulate to stamp their passports. The AP in this case mostly will work fine because the USCIS will not deny their I-485 giving the fact that they are on H status. Unlike the case here without any visa and the principal applicant already got his GC one year ago in the 2007 fiasco and mostly there is no visa number available for his wife at this moment.
 

mallasani

Registered Users (C)
mmed,

When you say other alternatives, can you please tell me what is in your mind, do you think it is good idea seeking help from attorneys like Rajiv/Murthy?

Do you think we can apply for B1/B2 visa? if so will that save the AOS?

Your help is greatly appreciated.

Thanks
Mallasani
 

mmed

Volunteer Moderator
mmed,

When you say other alternatives, can you please tell me what is in your mind, do you think it is good idea seeking help from attorneys like Rajiv/Murthy?

Do you think we can apply for B1/B2 visa? if so will that save the AOS?

Your help is greatly appreciated.

Thanks
Mallasani

I do not think tourist visa will help at all and for sure will not help to rescue the I-485 and the possibility for tourist visa to be denied is almost 100% when she wrote that her husband and son are GC holders and her history with the I-485 in the application. Lawyers will not help either because she is outside the US, despite that you have no option other than contacting them (not that lawyer, you just mentioned). Beleive me I am not making it dark, and I hope there is something else I do not understand and be easy for you waiting for actual advice from others out there, not just sympathy and praying for a mistake from the USCIS or officer at the POE or similar, which I hope too.
Is there any possibility for an employer to sponsor her H?. If so this will not rescue the I-485 but make her eligible to reapply in case PD become available in the future. CP is not an option because you already got your GC. her canadian GC or so will not help because she still need visa or AP to reenter. I have no idea about how to do "To follow". Good luck.
 

mallasani

Registered Users (C)
Just an Update...

Today i have seen Attorney Sheela Murthy, she told me same thing as Tammy2 and RealCandain, thanks guys for help.

Just need to wait and see what will happen to AP.

If we don't get AP, then we cant even try, and have to wait for Priority Dates to become current so that we can file for CP.

Thanks
Mallasani
 
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