Can I file 1-485 when I am out of country?

I

ixora78

Registered Users (C)
Hi!

My wife is working in Europe and I am working in US with H1B.
I wonder whether I can file our 1485 concurrently when she is not in the US?

Thanks!
 
ixora78 said:
Hi!

My wife is working in Europe and I am working in US with H1B.
I wonder whether I can file our 1485 concurrently when she is not in the US?

Thanks!
Click to expand...

No.
Call her for one day on H4 and file I485. She needs to sign on application when she is in USA and when her application will reach consulate she should be in US.
This is for filing in USA.
I am not sure about conslar processing.

/O
 
OhNoo said:
No.
Call her for one day on H4 and file I485. She needs to sign on application when she is in USA and when her application will reach consulate she should be in US.
This is for filing in USA.
I am not sure about conslar processing.

/O
Click to expand...

Does 1 week in US would be sufficient?
Thanks.
 
Shouldn't she also get the Advance Parole before leaving USA so that she can re enter without any problem, if she does not have a visa stamp.

ixora78 said:
Does 1 week in US would be sufficient?
Thanks.
Click to expand...
 
Hi!

She had a H4 stamp on the passport valid through May 2008.
I am assumming she can reenter with H4.
Do you think 1 week to do the I485 filing would be sufficient?

Thanks!
 
ixora78 said:
Hi!

She had a H4 stamp on the passport valid through May 2008.
I am assumming she can reenter with H4.
------- yes if you are on H1 and dont use EAD once you get
Do you think 1 week to do the I485 filing would be sufficient?
------------file the I-485 once she is in US. better to wait for I-485 filing reciept or make sure her I-485 reached USCIS before she goes out of US( if filing through lawyer ask them when they are going to mail the application many are lazy and say that application has been sent ask for the proof of filing ) also if lawyer is filing then keep the paper work ready, fill up her form G325, form I-485 , attach copy of her Birth certificate+copy of her I-94 front and back (that she will get when enter) and copy of her passport with page with US visa and US entry stamp page I dont think 1 week is enough becase she has to get medical results and it may take 2-3 days.
Thanks!
Click to expand...
 
Last edited by a moderator:
Hi ginnu,

We have done the medical report few weeks ago (when she was on a business trip to US). THus, I presume I can save 2-3 days here!. Thanks so much for your advice.
 
Another question, presume I send on Tuesday, how many days I need to receive the I485 filing receipt?

Thanks!
 
ixora78 said:
Another question, presume I send on Tuesday, how many days I need to receive the I485 filing receipt?
----------- once I-485 reaches USCIS then they may cash the checks in 2-4 days. you may get reciept in 10-15 days after I-485 reaches USCIS. USCIS is going to change the I-485 filing procedure from 07/24/2006 if filing only I-485 (if I-140 is approved or I-140 pending) then I-485 has to be filed with Nebraska Service Center effective July 24, 2006. I dont know if you are filing I-140 and I-485 or I-140 is filed. check with your lawyer

Thanks!
Click to expand...
** Attach separate fee checks for your I-485 and your wife I-485. Once the I-485 reaches USCIS then check with your Bank if checks are cashed (back side of checks you will find receipt#) once checks get cashed you are safe she can go out
 
I too plan to do the same as ixora78.
However, what happens if she is outside the US when either of our I-485 gets approved?
She will no longer be on H4 and so cannot come back to the US to AOS right? And if she were to apply for AP before travelling when filing for I-485 then we definately cannot accomplish that in 2 weeks??
So if we do apply for AP, can she travel on H4 and then come back and travel back again on AP?
All this because she is on a work contract till Feb 2007 and so cannot stay in the US for long periods. And i believe CP or FTJ will take longer time?
 
danmagaji said:
However, what happens if she is outside the US when either of our I-485 gets approved? She will no longer be on H4 and so cannot come back to the US to AOS right? And if she were to apply for AP before travelling when filing for I-485 then we definately cannot accomplish that in 2 weeks??
So if we do apply for AP, can she travel on H4 and then come back and travel back again on AP?
Click to expand...

If she is outside the US with a valid H4 she should be able to return on that, and the POE will parole her into the US or give her deferred inspection, just like they would have with AP.
 
Well i sure am glad to hear that Real Canadian because when i posted this same question in a different section of the forum i got different opinions.... individual on H4 is no longer on H4 if AOS is approved and so cannot parol at POE unless with AP.

previous posting.... pls scroll to the bottom of thread
 
danmagaji said:
I too plan to do the same as ixora78.
However, what happens if she is outside the US when either of our I-485 gets approved?
She will no longer be on H4 and so cannot come back to the US to AOS right? And if she were to apply for AP before travelling when filing for I-485 then we definately cannot accomplish that in 2 weeks??
So if we do apply for AP, can she travel on H4 and then come back and travel back again on AP?
All this because she is on a work contract till Feb 2007 and so cannot stay in the US for long periods. And i believe CP or FTJ will take longer time?
Click to expand...

I finally found someone with the same situation as me!
It is always not easy if you spouse is working out of country while you are trying to file your green card... :rolleyes:

I think, it possible to travel with H4 even after you have filed you I485. The only think is, I presume is that I485 won't get approve prior to your AP (assumming that you apply AP while you file concurently). So, once we file, she can leave US with H4 while waiting for AP to be approved. Then, once approved, she can starts using AP/H4 to travel.

However, my only concern is that, would it be a problem if AP approved while she is not in US?
 
I think, it possible to travel with H4 even after you have filed you I485. The only think is, I presume is that I485 won't get approve prior to your AP (assumming that you apply AP while you file concurently). So, once we file, she can leave US with H4 while waiting for AP to be approved. Then, once approved, she can starts using AP/H4 to travel.

However, my only concern is that, would it be a problem if AP approved while she is not in US?[/QUOTE]


-- if want to use AP then AP need to be applied AND approved while she is IN US.
 
-- if want to use AP then AP need to be applied AND approved while she is IN US.[/QUOTE]

I talked to my lawyer, he said it is OK for her to go out of US even when she has applied for the AP. How about the rest? Do you have different advices from the lawyer?
 
ixora78 said:
I talked to my lawyer, he said it is OK for her to go out of US even when she has applied for the AP. How about the rest? Do you have different advices from the lawyer?
Click to expand...

I wouldn't trust the attorney. I believe that USCIS has stated that the AP must be applied for and received while in the US, but I don't have a link off hand.
 
Interesting... conflict of opinions... my attorney supports what you posted earlier Real Canadian .....

"After I485 approval, the POE will parole her(H4 status) into the US or give her deferred inspection, just like they would have with AP".

Glad to see we're going thru d same struggle ixora78!
 
Hmm....I looked at the attachment and doesn't seem too promising though... :(
Danmagaji, what is your plan?
Are your wife going to stay the whole period during the time she is waiting for the AP/EAD approval?
 
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