Confusing situation

D

dev72

Registered Users (C)
Hi,
cansome one please look this confusing situation, my wife has a RFE in her I485 so my attorney sent response this Monday(Jan-10) and yesterday i got e-mail that , INS got REF response, this RFE is nothing just "two affidavit in birth certificate:

My question is, we are travelling to india on jan 20 and in case INS approve this case in next three fours days, can my wife travel on Advance Parole and after coming back from India, she can go for I551 Stamping or I heard, if you have I485 approval in your hand during entry, they will stamp passport.

In case if this case get approve on next Monday or Tuesday even on Wednesday, Can she travel on Thursday ?

Please help me because I have to change my travel plan and I have to pay huge money.

I have my green card . Please look this confusing situation and suggest me.

Thanks
Dev72
 
there is no confusion. you are unnecessarily woryying yourself on possible scenario.

She can travel on AP. If the GC approval comes during her absence, she can get the stamping done when she comes back...


If the GC is approved ebfore she leaves, she can still travel using that letter.
The AP or GC approval letter is used at the US airport.

Passport stamp is an formality in such a case and not a necessity...
 
SWaiting

SWaiting


thanks for your prompt reply,actually my attorney told me after getting this e-mail yesterday that if this case approve in next three days or so. You can't go, you must have I551 stamped on passport.


Thanks
Dev72
 
dev72 said:
SWaiting


thanks for your prompt reply,actually my attorney told me after getting this e-mail yesterday that if this case approve in next three days or so. You can't go, you must have I551 stamped on passport.


Thanks
Dev72
Click to expand...

I have a suggestion: don't check your status. Don't talk with your
lawyer, don't open any mails. Just go ahead with yoru trip.
Then later you can say you don't know your case is approved
so you are justified in using AP
 
thanks

my thanks to everyone, for sending me answers.I always found very good response & answers for my question in this thread.

I am agreed with AmericanWannabe , wont check my mails or INS site in next three four days.

Thanks
Dev72
 
I wouldn't that if i were you!

If petitioner's AOS approved while he/she is physically staying in USA, he/her should stamp her passport before leaving the country under any circumstances. Immeadiately after your AOS approved EAD/AP/H1B will go invalid and you are LPR the moment you are approved.

You cant just take your approval letter with you and come back showing at the port of entry even though you have a valid AP. The moment your LPR approved your AP is invalid.
 
kvpt_mm said:
I wouldn't that if i were you!

If petitioner's AOS approved while he/she is physically staying in USA, he/her should stamp her passport before leaving the country under any circumstances. Immeadiately after your AOS approved EAD/AP/H1B will go invalid and you are LPR the moment you are approved.

You cant just take your approval letter with you and come back showing at the port of entry even though you have a valid AP. The moment your LPR approved your AP is invalid.
Click to expand...

I second that
 
kvpt_mm

thanks for this importanat information,till date my wife case is not approved, it is showing , we got RFE response and I have flight Thursday monring so I am not worried at all.


Thanks
Dev72





kvpt_mm said:
I wouldn't that if i were you!
If petitioner's AOS approved while he/she is physically staying in USA, he/her should stamp her passport before leaving the country under any circumstances. Immeadiately after your AOS approved EAD/AP/H1B will go invalid and you are LPR the moment you are approved.
You cant just take your approval letter with you and come back showing at the port of entry even though you have a valid AP. The moment your LPR approved your AP is invalid.
Click to expand...
 
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