Can Wife travel to India before AP?

[GC_seeker_CA]

Dear Friends,

I applied for AP in January. Receipt date is Jan 23rd. My wife wants to go to India in March - before AP arrives.

1) Can she go to India now w/o AP?

2) If I will send her the AP docs. after it gets approved, will there be a problem for her to come back?

3) Can she return on a H4 visa?

Will appreciate your response

GC_seeker_CA

 

[ar888]

You didn't say, if you are working on EAD or H1B.

If you or she worked on EAD, she lost her H4 status. And also USCIS says you are not supposed to travel before AP approval. Some people have tried sending the AP approvals to their spouses before, but it is always risky.

 

[GC_seeker_CA]

Thanks for the reply. I am working on H1B status.

 

[hkk]

If you are still on H1 (and your wife on H4), and she has a valid multiple entry visa on her passport, she can use that to come back.
Generally, if one has to use AP to come back into states, BCIS advises against leaving the country without an approved, valid (date wise) AP. If you left the country without a valid AP in hand (and BCIS finds out that), BCIS considers that you don't have an intention to come back in again, and will abandon the GC application.