Can somebody help ...

M

mar8

Registered Users (C)
Sorry to say that my father-in-law has passed away on saturday morning and my wife flew to India.
Got approved on Feb24th and got approval notice on March 1st.
Her AP got approved 1 month ago but got missed in post and never received. called IIO couple of times and they said to wait for 2 weeks and apply again. But when we contacted our lawyer, he said not to apply again as it is already approved you may be in trouble. So thought we will wait for 2 weeks and see. In the mean time got approval and was planning to go for stamping on Mar 8, but happend this sad incident ...
Her H1 got expired long time ago and was working on EAD.
Can she enter this coutry again by showing 485 approval.
Or can she show AP receipt and tell them that she got approved but never recieved.
Or if any body know any better solution.
And lastly, can I (spouse) go for stamping without my wife.
I appreciate any help.
Thanks
Mar8.
 
I am sorry to hear that.

I don't think her reentry will be permitted without valid AP with her. Your lawyer should receive a copy of AP if you apply through him, if not ask him to get a copy (I am not sure how this works). Ask your wife to stay back in India until you can send the AP and wait until your wife to come back to go for GC stamping.


I've tried answering to best of my knowledge, please don't take this as a legal openion. As always, talk to your attorney before taking any step.
 
Applied AP by ourself

Thankyou verymuch ar888, for your advice.
We applied for AP by ourself.
But why can't I go for stamping by myself with my approval notice without (my wife) her presece.
Has anybody in this forum/or your freinds went for stamping without accompanied by primary applicant.
Highly appreciate any kind of advice.
Thanks
Mar8
 
Because her AP was applied before she left the US, she is fine as far as AP is concerned. Normally, one is supposed to leave the US only after obtaining AP in hand. She has to wait in India till you get the AP by mail and send it to her by Courier. She cannot reenter otherwise.

Note: Make sure you make photocopies before sending the AP in case she doesn't receive it thru the courier.

Also, visit the the local INS office and explain the situation. But then again, she is not here and her absence may pose a problem.
 
Sorry about the sad news

To return into US, she would need a copy of the I-485 receipt and the AP approval notice. Hopefully you receive it. Sent it to her by registered mail (better - by hand if someone is travelling to India). Take the AP approval printout from the Internet and keep it as a backup.

Contact a really good attorney who can handle this.
The reason I say is this:
He should have advised you to get another AP from the local INS office before travel within the same day due to the tragedy. I don't know if the attorney mentioned that to you.

You can get your GC stamped without her presence.

This is my opinion and to the best of my knowledge

All the best,
 
Upstate_NY , mar8

I think that one can travel once the AP is approved, not once the AP is in the hand. this is my thinking. So in effect, she could be fine.
 
mar8,

Is your concern to send the AP to your wife or to go for stamping without the primary applicant?????

If your concern is the second one, I would advise you to talk to a good attorney before going for stamping to know the implications.
 
Hmm .. I think the bottom line is: when she returns to the U.S, at POE she has to show a valid AP (not just an approval notice) to the officer.

The web site says: "must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return."

I believe the airlines will not issue the boarding pass if she cannot show a valid visa or AP.
 
thanks for your ....

Thankyou very much guys for your kind words and advice.
She left on Saturday night (knew the news saturday morning) hence we couldn't even go to local INS office for AP.
But my lawyer said (when we asked few weeks back) even if you go to local INS office, they may not reissue AP as it is already approved. However taking the emergency situation into consideration they may have issued (plain guess).
Has anybody encountered this type of situation where AP got approved but missed in the mail.
My main concern is her reentry into this country. One of my freind said, she can enter into this country on a new H1 visa (from different country) and get stamping with this approval notice. Does anybody has any idea about it. But is there any time limit to get stamped after approval.
Once again thanks guys.
Mar8.
 
Go to the local INS and explain the situation (Show them some proof of your approval like on line msg..). They will give on the same day.
 
Mar8

When you say it is approved, approved AP along with 485 also?
If 485 is approved you can go to stamping with or without your wife. Each one of them can go to stamping either together or independently. It should not be a problem.
 
I have recently gone to India on Jan 28th. Started out from Dallas, TX. Mine is a Nov RD. My AP expired on Jan 23. My father was sick and my brother called on Jan 24th (Friday). I went to Dallas local INS office and applied for AP. They could not give it to me on the same day as all my papers are in Vermont. They gave it to me on Monday.

I happened to talk to the IIO there she and very strongly advised me not to leave USA with out the approved advance parole in hand. I have a valid visa and she said that I should not be using that.

I entered US with the advance parole and all the stampings in the passport were totally different.

Hope this helps.
 
You must log in or register to reply here.
Top