GC Approved. Spouse in India without AP

O

oneviral

New Member
Our GC got approved last week for both. My wife left to India without Parole couple of months ago. She has an appointment for H4 stamping next month. We haven't got the Parole approved (applied in Nov '04) even though the I-485 is now approved. How she will be able to come back to USA?

1. Can she go for H4 stamping?
2. Will they stamp it without any problems?
3. How will H4 stamping affect the GC?
4. Is there a chance for her to use the Approval Notice in India?

I need suggestions and help.

Thanks,
 
One my friend was in the same stituation. His wife went to India when her AP2/EAD2 application were pending. Before her AP2 approval, GC got approved and AP expired. Then my friend had to convert the 485 approval to Consular process. It took them a good year to bring her back. My understading is that she can not get H4 stamped since her 485 was approved. Check with your attorney if there is any other possibilities.
 
MI2_Chimera said:
One my friend was in the same stituation. His wife went to India when her AP2/EAD2 application were pending. Before her AP2 approval, GC got approved and AP expired. Then my friend had to convert the 485 approval to Consular process. It took them a good year to bring her back. My understading is that she can not get H4 stamped since her 485 was approved. Check with your attorney if there is any other possibilities.
Click to expand...

Since 485 approved while she was out-of-US, her AOS will be adjusted only when she enters US. I guess, She can go for h4 stamping and can enter US/POE,. Once she is admitted, then her status adjused to PR.
 
here we go again

H4 visa is dependent on your H1 visa. Once you have your green card your H1 visa is invalid. so she cant get her H4 visa in india.

I cannot understand why people get in trouble by acting stupidly. even the USCIS website (on the front page in bold letters every summer for the last 2 years) says dont leave without getting advance parole approved. Or atleast your wife should have got an appointment at the us consulate from here gone to india and got her H4 visa stamped pronto on arrival in india. then she could have entered on her H4 stamp in the 10 day window period where you get the email approval but before the written letter approval.

now applying for H4 is fraud since your H1 is not valid. Donot be mad at me. I have seen quite a few postings where people do things that dont make sense and here we are with atleast a bachelors degree.

The best option is to contact your attorney right away and see what can be done. i really hope you have some options and pray for you. I am sure the attorney will charge you some good moolah!!! if its a company attoryney contact a good private attorney.

good luck. I hope you dont have to go via the consular processing route. :(
 
mhb said:
good luck. I hope you dont have to go via the consular processing route. :(
Click to expand...

I guess, what MI2_Chimera described is the case when person did not have either a dual-intent visa or a valid (non-expired AP) to re-enter. And it seems the person was waiting for 2nd AP abroad, which is not legal. In that circumstances I-485 can be consided abandoned. And I think that's what exactly happened for that case. In that case the only route is CP.

If someone had valid H4/H1 visa stamp, can be used for re-entry even after approval - provided the stamp is valid at the time of re-entry. I don't think they need go for consular processing.

On the other hand, the person does not have valid H4 visa stamp (which is true for "oneviral"'s case) - that's gray area. If consulate is aware of her and husband's GC status (which is possible because she has to answer question #36), they may not give her new H4 visa stamp, because she is dependent and primary's H1 not in valid anymore. I guess in that kind of cases, attorney's help required to obtain travel document from consulate.

Read this unitednation's useful posting for similar issue:
http://boards.immigration.com/showthread.php?p=1114748#post1114748
 
hi pralay, one of my close friend had the same issue. If OneViral's spouse does have valid unexpired H4 or AP , then she can enter the states without any problem. My friend's case was pretty much same. He asked her wife to talk to consulate but nothing happened. Finally they had to abandon the approved 485 and file for Consular processing which took a year for her to get thru the process.
 
Last edited by a moderator:
MI2_Chimera said:
hi pralay, one of my close friend had the same issue. If OneViral's spouse does have valid unexpired H4 or AP , then she can enter the states without any problem. My friend's case was pretty much same. He asked her wife to talk to consulate but nothing happened. Finally they had to abandon the approved 485 and file for Consular processing which took a year for her to get thru the process.
Click to expand...

But she does not have valid H4 visa stamp on passport. Consulate won't help much in this situation proactively, because they mainly deal with visa, not immigraion status issues (and afterall it is just another bureaucratic institute). And for green card as they handle consular processing and know the details about this process, their straight face answer would be "go to consular processing".
Whatever is needs to be done (if possible), it has to be done by either husband or his attorney in USA.

Don't know why people do this kind of mistakes.....probably unknowingly. Obtaining AP or getting passport done from Washington DC (before leaving USA) are better options for this kind of situations.
 
pralay said:
Don't know why people do this kind of mistakes.....probably unknowingly. Obtaining AP or getting passport done from Washington DC (before leaving USA) are better options for this kind of situations.
Click to expand...
yes.. this is a big mistake.. good luck
 
You must log in or register to reply here.
Top