AP renewal and travel question

H

hai_yeh_gc

Registered Users (C)
I want to apply 131 for my wife. She is travelling to India next week and her current 131 is valid till November.

I read on the form instructions that, if you apply 131 and depart from the country, the application will be rejected. Is this true even though she has a valid 131 at present?

Is it ok to apply for new 131 and come back before the current AP expires?

Thanks for your help.
 
hai_yeh_gc said:
I want to apply 131 for my wife. She is travelling to India next week and her current 131 is valid till November.

I read on the form instructions that, if you apply 131 and depart from the country, the application will be rejected. Is this true even though she has a valid 131 at present?

Is it ok to apply for new 131 and come back before the current AP expires?

Thanks for your help.
Click to expand...
It is OK to travel with current AP when a new AP application is pending. I have done it many times (5 APs during the GC process). Please make sure she returns before the current AP expires.
 
Last edited by a moderator:
Dallas, what if the new AP gets approved before she returns back.
Can she still use the old one to get in ?

Thanks
 
hai_yeh_gc said:
Dallas, what if the new AP gets approved before she returns back.
Can she still use the old one to get in ?

Thanks
Click to expand...

Approval of new AP does not have any effect on current AP. She can use the current AP upto the valid to date even if a new AP has been approved.
 
I-131 Instructions

Hi Guys,

I checked all your messages, i have a pretty serious situation here...can you tell me what to be done please. I appreciate your response and help.

I got my AP and EAD which will expire on November 19th 2007. Also applied for renewal of the AP and EAD in 3rd week of July 2007. There is a marriage in the family so my wife and daughter have to travel on 31st Oct 2007. The marriage is on 21st Nov 2007.....the AP expires on 19th Nov 2007.

I read in all the forums and figured put that one should not travel if they applied for AP or renewal of AP. But i checked I-131 form filling instructions as per that it says in page 2 -

"You must be physically present in the United States when you file the application. However, a reentrypermit may be sent to a U.S. embassy or consulate orDepartment of Homeland Security (DHS) office abroadfor you to pick up, if you request it when you file yourapplication."

and also

"Departure from the United States before a decision ismade on an application for a reentry permit does notaffect the application. However, departure from theUnited States should not occur before your biometrics(fingerprints) have been taken."

and also - I spoke with USCIS customer service executive she said you need to be present in USA only when you apply for your AP. Once you apply then you can go out of USA and i can carry the renewed AP to get my wife and kid back here.

So now my question is can my wife and kid go to india on 31st Oct, i will wait for the renewed AP and carry it with me. So that when we 3 return we will have AP to re-enter.

Kindly advice and help with info, appreciate your help.

Thanks & Regards
 
supa_sp said:
Hi Guys,

I checked all your messages, i have a pretty serious situation here...can you tell me what to be done please. I appreciate your response and help.

I got my AP and EAD which will expire on November 19th 2007. Also applied for renewal of the AP and EAD in 3rd week of July 2007. There is a marriage in the family so my wife and daughter have to travel on 31st Oct 2007. The marriage is on 21st Nov 2007.....the AP expires on 19th Nov 2007.

I read in all the forums and figured put that one should not travel if they applied for AP or renewal of AP. But i checked I-131 form filling instructions as per that it says in page 2 -

"You must be physically present in the United States when you file the application. However, a reentrypermit may be sent to a U.S. embassy or consulate orDepartment of Homeland Security (DHS) office abroadfor you to pick up, if you request it when you file yourapplication."

and also

"Departure from the United States before a decision ismade on an application for a reentry permit does notaffect the application. However, departure from theUnited States should not occur before your biometrics(fingerprints) have been taken."

and also - I spoke with USCIS customer service executive she said you need to be present in USA only when you apply for your AP. Once you apply then you can go out of USA and i can carry the renewed AP to get my wife and kid back here.

So now my question is can my wife and kid go to india on 31st Oct, i will wait for the renewed AP and carry it with me. So that when we 3 return we will have AP to re-enter.

Kindly advice and help with info, appreciate your help.

Thanks & Regards
Click to expand...

sound good to me. As long as you have a valid AP, when coming back to U.S(i am guessing last week of NOv??), you should be fine. don't worry and enjoy the marriage!!
 
csrini1 said:
sound good to me. As long as you have a valid AP, when coming back to U.S(i am guessing last week of NOv??), you should be fine. don't worry and enjoy the marriage!!
Click to expand...

Hi CSrini1,

Thank you for your reply, appreciate it.

Our AP expires on 19th Nov 2007 and the marriage is on 21st Nov 2007.
My plan is to send my family on 31st Oct, wait for the renewed AP and then go and get my family which will be after the funtion (21st Nov 2007).

So again my question is can i send my family and wait for AP and get them based on the new AP. Since the old AP will expire on 19th Nov 2007.

I appreciate your response and time.

Thanks & Regards
 
Initial I-94 card and AP question

Hello guys,

When my wife changed her status from F1 to H4 in 2002, the USCIS asked her to submit her original I-94 card (arrival-departure record). It's weird, but happened. We keep a copy of that notice. Now she has H1B visa. Hopefully, she will get her AP approval very soon because she already got the EAD. She wants to visit China next month. Will she have any problems to leave and enter this country without the initial I-94? Any one has similar experience?

Thanks,

MassGuy
 
Hi Dallas03096,

Dallas03096 said:
It is OK to travel with current AP when a new AP application is pending. I have done it many times (5 APs during the GC process). Please make sure she returns before the current AP expires.
Click to expand...

I have a similar situation, you replied to my other thread on teh same subject today also. Can you provide me more details on that thread or on this thread. You mentinoed you have travelled on current AP and returned on current AP while a Pending AP renewal application, did you have soem informatino regarding teh same from any lawyers or legal expert.

Presently I am in US and AP valid till jan 15,2008. AP renewal filed already last week ( sep 18th 2007). I am on h1 (wife on h4) status and NO visa stamp(EAD not used), trip planned from nov till dec 2007 ( returning before current AP expiry).

In your case while you were out of US, did your AP ever get approved , and if yes, at POE, did anyone asked you about new AP renewal or had any problems becasue of its approval while you were out.

Please reply in detail. Need a very quick answer , since if I decide not to go, lots of things needs to be rescheduled back home as well :(

Regards
 
You must log in or register to reply here.
Top