AP pending, wife left to India on family urgency

TheRealCanadian said:
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.
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I'm sorry but your comment dosent make sense. My last 4 AP's were approved when I was outside US and then mailed to me in India. I've used the same AP to enter US in past 3 yrs. Nobody @ POE asked questions.
 
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fast_gc_seeker said:
I'm sorry but your comment dosent make sense. My last 4 AP's were approved when I was outside US and then mailed to me in India. I've used the same AP to enter US in past 3 yrs. Nobody @ POE asked questions.
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Do you mind if i give a quick call.If so, please let me know your number.

Thanks

Mallasani
240-344-6538
 
fast_gc_seeker said:
I'm sorry but your comment dosent make sense. My last 4 AP's were approved when I was outside US and then mailed to me in India. I've used the same AP to enter US in past 3 yrs. Nobody @ POE asked questions.
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Let's just say you were incredibly lucky that you encountered immigration officers at the border who either don't know the rules or who didn't bother to check your exit date.
 
fast_gc_seeker said:
I'm sorry but your comment dosent make sense. My last 4 AP's were approved when I was outside US and then mailed to me in India. I've used the same AP to enter US in past 3 yrs. Nobody @ POE asked questions.
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Your APs have been sent to you four or even hundred times and you used them without problem does not mean that this is the regulation. The AP should be issued before your departure date to use it for return. The POE officers may oversight this for people on H or L status that are reluctant to stamp their passports and used the mailed AP will not change regulations and you can not argue based on someone else act. And as we said, if the OP gets the AP by any mean, he should mail it also to his wife and give her a trial using it. But where is her AP? Not issued yet.
 
mmed said:
Your APs have been sent to you four or even hundred times and you used them without problem does not mean that this is the regulation. The AP should be issued before your departure date to use it for return. The POE officers may oversight this for people on H or L status that are reluctant to stamp their passports and used the mailed AP will not change regulations and you can not argue based on someone else act. And as we said, if the OP gets the AP by any mean, he should mail it also to his wife and give her a trial using it. But where is her AP? Not issued yet.
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Yes you are correct Same thing happend in my case also. My wife left US before her AP is approved. and Luckily I still have my H1 valid. So now I am going back to H1 status and my wife is going to get H4 visa.

I called Murthy and they sugested to get h4 visa. and my Attorney says..Don't need.... but still...there is a risk ....After waiting for so many years at the end If USCIS issuess..any RFE..then nothing saves you .....Moreover It is clear violation of law..
 
How come did you and your son get GC before your wife? Did they schedule an interview with you and him but not for her?
 
mmed said:
Your APs have been sent to you four or even hundred times and you used them without problem does not mean that this is the regulation. The AP should be issued before your departure date to use it for return. The POE officers may oversight this for people on H or L status that are reluctant to stamp their passports and used the mailed AP will not change regulations and you can not argue based on someone else act. And as we said, if the OP gets the AP by any mean, he should mail it also to his wife and give her a trial using it. But where is her AP? Not issued yet.
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Following is true

New AP must be applied before leaving US. Also When leaving US one should have valid/unexpired AP.

ex: While leaving US on May 1 2008 I can have an AP expiring in Oct 20 2008.
Also I would have applied for new AP prior to May 1 2008.

Following is not true

I've applied for new AP before May 1 2008 & I've an existing AP expiring in Oct 20 2008 ===> I cannot leave US because new AP is still not approved.
 
Which Expiry date of AP is valid?

There are two type of expiry of AP. One which is mentioned on the AP document issued by the USCIS, The other expiry date which is written on I-94 on the POE.

Please comments.
 
paaroo said:
Which Expiry date of AP is valid?

There are two type of expiry of AP. One which is mentioned on the AP document issued by the USCIS, The other expiry date which is written on I-94 on the POE.

Please comments.
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AP expiry date is mentioned on AP. I-94 just shows last date until you can stay in US.
 
raevsky said:
How come did you and your son get GC before your wife? Did they schedule an interview with you and him but not for her?
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We never had any intervierw, why my wife did not get her GC along with family members, it is unknown to me.
 
fast_gc_seeker said:
Following is true

New AP must be applied before leaving US. Also When leaving US one should have valid/unexpired AP.

ex: While leaving US on May 1 2008 I can have an AP expiring in Oct 20 2008.
Also I would have applied for new AP prior to May 1 2008.

Following is not true

I've applied for new AP before May 1 2008 & I've an existing AP expiring in Oct 20 2008 ===> I cannot leave US because new AP is still not approved.
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The following is true:

If I have an approved AP document, I can travel and return to the US with it even if I have another I-131 application pending. However, I must return before the expiration of the document I had in hand when I left the US, even if the new one is approved while I am abroad. Then I can later use the new AP document to travel again.

The following is not true:

If I have an approved AP document, I can travel and return to the US with it even if I have another I-131 application pending. However, if the pending I-131 is approved while I am abroad, I can have it mailed to me and thus stay abroad beyond the expiration date of the original AP that I had in hand when I left.
 
jk0274 said:
The following is true:

If I have an approved AP document, I can travel and return to the US with it even if I have another I-131 application pending. However, I must return before the expiration of the document I had in hand when I left the US, even if the new one is approved while I am abroad. Then I can later use the new AP document to travel again.

The following is not true:

If I have an approved AP document, I can travel and return to the US with it even if I have another I-131 application pending. However, if the pending I-131 is approved while I am abroad, I can have it mailed to me and thus stay abroad beyond the expiration date of the original AP that I had in hand when I left.
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Its very grey area...I've posted comments purely based on my experience which allowed me to enter US on an AP which was mailed to me. I do not consider this as my luck, however I do believe that officers at POE are aware of law and would not have allowed my entry otherwise.
 
As you all know from this thread, my wife is in India and her I-131 is pending, now the priority dates became current, can anyone suggest best course of action? what should we do if the 485 gets approved? what should we do if they ask for FP?
how long will it take if we apply for CP? appreciate your help.

Thanks
Venkat
 
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mallasani said:
As you all know from this thread, my wife is in India and her I-131 is pending, now the priority dates became current, can anyone suggest best course of action? what should we do if the 485 gets approved? what should we do if they ask for FP?
how long will it take if we apply for CP? appreciate your help.

Thanks
Venkat
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what should we do if the 485 gets approved?
>> On humanitarion grounds, I've heard that they allow people to enter if 485 approval proof is shown

what should we do if they ask for FP?
>> try to reschedule FP. If this dosent work out your wife must attend FP asap.
 
what should we do if they ask for FP?
>> try to reschedule FP. If this dosent work out your wife must attend FP asap.[/QUOTE]

Can you please explain in detail, sorry i did not undestood what you mean "If this dosent work out your wife must attend FP asap"

thanks
mallasani
 
When you get a notice for FP, it states how to reschedule if you need to do so. So don't worry about it for now.
 
mallasani said:
As you all know from this thread, my wife is in India and her I-131 is pending, now the priority dates became current, can anyone suggest best course of action? what should we do if the 485 gets approved? what should we do if they ask for FP?
how long will it take if we apply for CP? appreciate your help.

Thanks
Venkat
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If I-485 get approved this means GC will be in your hand in few days after approval, just let the card to go to her by any means and let her to try to enter with it.
FP needs the person to be in the US to do it. In her case she can not be in US and consequently she can not attend FP.
CP means she kill her any chance even if it is low for her pending I485 to be approved. In case her I-485 get denied (this is mostly will happen because she left the US without AP) by then she can apply for CP if the PD remain current.
Actually your chances are very limited in :
AP approved by mistake then she try to use it to return back
GC approved in the crowed now and she can use it
Do CP.
 
I found out the hard way on this she must have the AP document before she leaves the country....they will she her case as abandoned. And she will have to reapply.
 
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