Emergency AP application, HELP!

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nohopeforever

Registered Users (C)
Hi all,
My I-140 got approved a couple month ago and now I'm ready to file 485(not concurrent). My wife has an emergency reason need to go back to her country. Is there any way that she can get her AP ASAP? Filing through VSC takes several months which is too long for her to wait. Thanks a lot for any idea and suggestion.
 
Originally posted by nohopeforever
Hi all,
My I-140 got approved a couple month ago and now I'm ready to file 485(not concurrent). My wife has an emergency reason need to go back to her country. Is there any way that she can get her AP ASAP? Filing through VSC takes several months which is too long for her to wait. Thanks a lot for any idea and suggestion.
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what is ur current status? She can use that status to go and reenter.
 
AP is not issued prior to 485 filing

We had a similar situation couple of years back. Since 485 was not filed with INS there is no question of obtaining AP. AP application can be filied along with/after 485 filing.

What is her current status (H4?). If so, she can travel to india and come back on H4. You need to delay the filing of 485 till she comes back. Remember 485 is filed for persons in this country already. You cannot file 485 while in India.

We did the same. I asked the attorney to defer the filing till she was back from India. We lost about 5 months in total but you got to do what you got to do. There are always some things that you cannot control and the emergencies are one of them.

Hope this helps.
 
I think you can file 485 , apply for AP ,same time and then go to India on H4 . This may work. Talk to few attorneys and find out. It will reduce delay in filing .
 
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