Applied for AP. Can spouse travel?

G

GC_Ki_Talashi

Registered Users (C)
Hi All,

I have applied for AP this week (3/9/2004). My wife may need to travel to India in the 2nd week of June. In the application, I put 6/1/2004 as the likely travel date. If AP is not approved by June, is it going to be OK for her to travel? Can she come back once the AP is approved and I mail the approval to her in India? If she can travel, what kind of safety measures should we take, if any?

I have left a couple of messages to my attorny and he hasn't called me back yet. I thought I might as well post my question here and perhaps get a better answer than what I could get from my attorney.

Thanks in advance,
GC_Ki_Talashi
 
If you do not have any other Valid Visa in your passport, then you will be considered as Having Abandoned your Adjustment of Status, if you travel without the Advance Parole approval.
 
no

No. If you do not have a valid VISA, You cannot travel outside country without having the AP in hand.
 
Normally it takes 2 weeks to get AP. I am sure you will receive your AP before that. In case you don't get that before travel date, go to district office with your receipt and request for AP. Even if that does not work out, there are some special circumstances (emergency etc) where USCIS can send her AP to nearest US consulate. She will have to collect that from there. But instead of going thru that hassle, it's always better to wait for AP and postpone the travel date if required.
 
Originally posted by desi_boston
i think its okay to travel, as long as one of the family member can file and receive the AP here in USA.
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PLEASE desist from posting opinions if you have no inkling of the answers.

GC_Ki_Talashi,

If you had searched the archives you would have found out that you CANNOT travel if your AP is pending. In which case your AOS will be deemed abandoned.

I would advise your wife to travel on her old visa, if she hasn't used EAD already. If she has used her EAD then she HAS to enter only on her AP. She cannot leave the country until her AP has been approved.

pralay,

Yes processing times have speed up in the past, but 2 weeks is a little optimistic. Besides no one has received an eAP in the past few months from the bay area, or atleast not posted it on the forum.
 
Thanks for all your replies and suggestions. I think I will have her wait till AP is approved and we get it in hand. Since I have more than 2 months to go, I am hoping to get it before that. We don't have a valid Visa at this time. Our visas expired June 2003 and my current H-1B is valid till end of June 2004 (We don't have the visa, though). She hasn't used her EADs so far and is still maintaining her H4 status.

Any suggestions, opinions...please post.

Thanks again,
GC_Ki_Talashi
 
Originally posted by 140_takes_4ever
pralay,

Yes processing times have speed up in the past, but 2 weeks is a little optimistic. Besides no one has received an eAP in the past few months from the bay area, or atleast not posted it on the forum.
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FYI, my wife got within two weeks. ND 12/09/03. AD 12/19/03.
Got AP papers in mail on 12/30 or 12/31 (I don't remember exactly). And, currently live in Bay Area (doesn't matter because all the applications go to CSC, Laguna Niguel anyway). Even last years (2003 Jan) also she received her AP within 3 week.
I wish her I485 was faster just like this :-(
 
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