I130 or I824?

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rpranesh

Registered Users (C)
I & my wife applied for I485 concurrently and i got my approval and card recently. Hers is pending FP. She has currently gone out of the country for vacation and planning to return back on valid AP. But her AP expiration date is a month away from her return date.
If for reasons force majeure, she cannot return before AP expiration date (she has a second AP valid till Mar 06, but was approved after she departed), can we file for I824 to process her Immigrant visa or do we need to start a fresh I130.

We are married for more than 2 years (and at the time of filing 485).
 
rpranesh said:
I & my wife applied for I485 concurrently and i got my approval and card recently. Hers is pending FP. She has currently gone out of the country for vacation and planning to return back on valid AP. But her AP expiration date is a month away from her return date.
If for reasons force majeure, she cannot return before AP expiration date (she has a second AP valid till Mar 06, but was approved after she departed), can we file for I824 to process her Immigrant visa or do we need to start a fresh I130.

We are married for more than 2 years (and at the time of filing 485).
Click to expand...

It will be I-824.
Although they say AP becomes invalid Most of the times POE allow them back
 
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rpranesh said:
I & my wife applied for I485 concurrently and i got my approval and card recently. Hers is pending FP. She has currently gone out of the country for vacation and planning to return back on valid AP. But her AP expiration date is a month away from her return date.
If for reasons force majeure, she cannot return before AP expiration date (she has a second AP valid till Mar 06, but was approved after she departed), can we file for I824 to process her Immigrant visa or do we need to start a fresh I130.

We are married for more than 2 years (and at the time of filing 485).
Click to expand...


You spouse has three options:
1. Return before her current AP expires (the one she had while leaving USA).
2. Come back to USA for few days, take new AP and leave again (if she needs to go back to her country for some reason).
3. Adandon I-485 and apply for consular processing (I-824).
 
Hi,
I am also in the same situation but the difference is both of our I-485’s got approved same day and I had my stamping on my passport too.
Her AP is going to expire next month, and most likely she couldn’t make it before that, so what are the options.
Can I send her the approval letter and she can enter with that.
Appreciate your advices.
 
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