I-485 approved while wife on H4 overseas, no AP

hapanimeli

Registered Users (C)
My worst nightmare happened...

My I-485 was approved but my wife is still overseas on her H4 without AP. We never thought it would be approved so quickly (just a couple of months!).

Now she is coming back this weekend but her H4 is not valid anymore (as my H1 is not valid now that I have GC). She is in the I-485 process as well and she has her FPs in a couple of weeks.

I'm not sure if she should cancel the trip, do a follow-to-join, enter with Visa Waiver or what. Most of the opinions/experiences I see suggest that I'm screwed as we didn’t get the AP (courtesy of my lawyer...thinking it was not necessary...).

But other posts I have seen suggest it should be up to the IO at the POE. Some people have even re-entered with a temporary parole given at POE. Maybe she could show the I797 with the FP notice to prove she is continuing her I485 process.

Any experiences on this case?

Thanks tons for your feedback

J.
 
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