This is regarding my wifes 485 application. She applied her AOS in Jan 2002 based on my 485
application that was pending with INS at that time. Mine was approved in Feb 2002,
but her application was successfully attached to mine and everything before my application
was approved.
Her stats are
485 applied in Jan 2002 ( along with EAD and AP)
WAC02097*****
Never used first EAD (not working) or AP
1st FP in Sep 2002
2nd AP in March 2003 ( this expires July 1st 2004)
Used this to Visit India for 2 months in 2003.
Never applied for second EAD
Current status says FP results received on Oct 1, 2003....
Now company wants me to go take care of some of their business in India for 6 months, starting
April 2004. My will accompany me and it see it as a good career move, so I would really love to
consider it. Now comes the complications as my wifes 485 is not yet approved.
Here are a few scenarios that I am considering. Please advice which is safe enough
1.) We apply for AP renewal now, go to India in April. When the AP is renewed, the attorney
sends it over to us in India and my wife uses it at POE when we come back in Sep 2004.
==> I have seen some posts in this forum saying that this is pretty risky. Is that true.
2.) Or I tell my company that I cannot go for 6 months, but I can go for 3 months, come back in
June before my wife's AP expires. By that time if her 485 is approved we will get it stamped
and then go back to India for another 3 or 4 months. Or we wait for 485 approval before
going again to India. or may be apply for a AP after we are back here.
==> In this case there will be no AP issues, but there are a few other things that are bothering
me.
If her 485 gets approved when she is in India, is it a problem? Will she be able to
enter US on her AP after the 485 application is approved. Is there any rule, like the
candidate should be in US when 485 application is adjusted ?
What about 485 stamping on the passport ? Is there a time-frame in which you have to get the
GC stamped on your passport after the AOS application is approved ?
What about 2nd FP? Looking at the current trend Whats the likelyhood of her getting a 2nd FP
notice during her stay in India ( April 2004 thru June 2004) ? BCIS seems very unpredicitable
in sending re-FP notices. Can we request a re-fingerprinting now ?
She may even get a RFE on has AOS application while she is out of the country. She is not the
primary applicant. Can she still get a RFE ? If yes what kind?
application that was pending with INS at that time. Mine was approved in Feb 2002,
but her application was successfully attached to mine and everything before my application
was approved.
Her stats are
485 applied in Jan 2002 ( along with EAD and AP)
WAC02097*****
Never used first EAD (not working) or AP
1st FP in Sep 2002
2nd AP in March 2003 ( this expires July 1st 2004)
Used this to Visit India for 2 months in 2003.
Never applied for second EAD
Current status says FP results received on Oct 1, 2003....
Now company wants me to go take care of some of their business in India for 6 months, starting
April 2004. My will accompany me and it see it as a good career move, so I would really love to
consider it. Now comes the complications as my wifes 485 is not yet approved.
Here are a few scenarios that I am considering. Please advice which is safe enough
1.) We apply for AP renewal now, go to India in April. When the AP is renewed, the attorney
sends it over to us in India and my wife uses it at POE when we come back in Sep 2004.
==> I have seen some posts in this forum saying that this is pretty risky. Is that true.
2.) Or I tell my company that I cannot go for 6 months, but I can go for 3 months, come back in
June before my wife's AP expires. By that time if her 485 is approved we will get it stamped
and then go back to India for another 3 or 4 months. Or we wait for 485 approval before
going again to India. or may be apply for a AP after we are back here.
==> In this case there will be no AP issues, but there are a few other things that are bothering
me.
If her 485 gets approved when she is in India, is it a problem? Will she be able to
enter US on her AP after the 485 application is approved. Is there any rule, like the
candidate should be in US when 485 application is adjusted ?
What about 485 stamping on the passport ? Is there a time-frame in which you have to get the
GC stamped on your passport after the AOS application is approved ?
What about 2nd FP? Looking at the current trend Whats the likelyhood of her getting a 2nd FP
notice during her stay in India ( April 2004 thru June 2004) ? BCIS seems very unpredicitable
in sending re-FP notices. Can we request a re-fingerprinting now ?
She may even get a RFE on has AOS application while she is out of the country. She is not the
primary applicant. Can she still get a RFE ? If yes what kind?