Complicated - awaiting H4 & I485 but outside US

S

swazi

Registered Users (C)
Hi

I hope somebody can give me some advice

I work in the US on H1. Last year my fiancee joined my on B1/B2. Before her I94 expired we got married here in the US and filed for her H4. Soon after we applied together for I485/I140/I765. After that my wife left the country to visit family. To date we have not received H4 approval (about 5 months later). She is now applying for a new passport (new last name) & then need a H4. She now wants to re-enter the US.
We have received her Employment Authorization Card (EAD)

My questions:
Will she be able to get a H4 quickly outside US, or should we wait for approval of the pending H4 here in US?
Will she be able to enter the US based on pending I485 & no advanced parole on a H4? Or do we need other specific documentation?
 
Your question is not easy to answer. You really need professional advice on this since timing may be critical here. Based on my first impression it sounds as if your wife entered on B-2, filed an I-485 which put her in adjusting status and then left the country before receiving AP. That means that she abandoned her GC! A change of status is also considered abandoned when the applicant leaves the US during adjudication.

Again, seek professional advice. If I am right you need is since she will need to reenter the US in H-4 status and then file another I-485 since the old one was abandoned when she left the US without AP.
 
Thanks Jim

This does not sound too critical as we are only +/- 2 months into the I485. It would not be a big deal to re-apply for I485. Does it mean that I would have to re-apply as well for a I485? I'm more worried that my wife would not gain admission into the US at all until I485 is approve since she left without AP.

Funny you mention professional advice - First my lawyer did not mention that we could not leave without AP, then he told me that it would probably be OK (nothing about abandoning I485)!
So I not sure where is the best place to get professional advice anymore.
 
Originally posted by swazi
Thanks Jim

This does not sound too critical as we are only +/- 2 months into the I485. It would not be a big deal to re-apply for I485. Does it mean that I would have to re-apply as well for a I485? I'm more worried that my wife would not gain admission into the US at all until I485 is approve since she left without AP.

Funny you mention professional advice - First my lawyer did not mention that we could not leave without AP, then he told me that it would probably be OK (nothing about abandoning I485)!
So I not sure where is the best place to get professional advice anymore.
Click to expand...

There are plenty of competent immigration attorneys. Unfortunately, there are also plenty of incompetent ones.
 
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