^^^^^Can spouce go for two months out of country on AP ??????

U

unitedwestand

Registered Users (C)
My lawyer says AP is only for emergency and not for vacation. Did anyone or anyone\'s spouse go out of country for two months and had problem in getting approved ???? My wife will be going for vaction after our FP this month. Please share your thoughts.
 
No Title

I don\'t know if what your attorney said was true, but both my husband and I used our AP for vacation and we had no problems at all.
 
According to my Lawyer - we can go for 2-3 weeks but not for 7-8 weeks.

as that could cause problem in approval. She also told me that there is no law saying how many days you can stay out of the country....so it is a risk we have to take.

Thanks for your reply. How many days did you go on vacation?
 
Can go upto the validity period...

Just because you have applied for 485 does not mean that you cannot have any vacation. Lawyers are unnecessariliy frightening people. The assumption here is that when you are away from US on AP, the 485 process is supposed to be in suspension. But that never happens. Either the processing takes so long that your travel goes unnoticed or the IIO is not concerned with AP usage and gives the approval.

Even if your 485 is approved when you are away, you will be allowed in AP and will be asked to go to the local INS within a specified date since they will stamp your AP with deferred inspection.

You can always show that you had 2 different events scheduled at your home country (or whereever you are going)and that is why you had to be away so long (and do not volunteer this info. say it only if asked about the long stay).

FYI myself, my spouse, my many friends have been in AP for time upto 2-3 months. An officer at POE said the general guidance is upto 3 months for them to inquire as to why you have been away for a long period time while on AOS.

Of course this is my opinion.
 
Trvael on AP

My wife is out of country for the past 3 months and yet I recieved her approval notice last week. You are fine as long as the AP is valid at the POE. The only downside is that your 485 might get approved while you are not here, in which case you will be allowed on deferred inspection. If this happens you have to go the local INS, get your PP stamped, go to POE and show the stamp to Immigration officials. Other than that you are fine.

I think your lawyer is too conservative.
 
No Title

Our vacation was 3 weeks. However, during that time, my friend who kept our mails told us our 2nd FP notices were received and was scheduled sometime during our vacation. We did the FP a week later when we got back.
 
Same Problem Here

My wife want to visit india for about 2 months time, as she won\'t have time to visit india after she starts school in aug of this year.

We don\'t have AP yet

I spoke to the paralegal to ask her about applying for AP . But they are charging too much about 400 dollars.

So i plan to apply on my own by visiting the local INS center. Can I do that ?

second i have just changed my job after 180days. we have completed our Fps too. I have applyed in aug for 485 and nd is of sep of 2001
Can she go can come backl safely ?

Our lawyer says she miaght have the problem at POE post 9/11

Regards
 
Thanks for the info. I am going to india in the month of May 2002.

Actually my company planning to send me to Indian office for knowledge transfer (for a project which going to be supported from India). I am planning to stay there 1-2 months and come back. I have a friend here who can take care of mail (in case I get any approval notices).

Thanks a lot Venkat.
 
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