If 485 gets approved when the person is out of the country ?

A

anshul

Registered Users (C)
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), at CSC
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?
 
you need to have a valid AP until ur 485 is approved and while u are out of the country. There may be other requirements as well.
 
I think the questions are:

If her 485 gets approved when the candidate is outside USA, is it a problem? Will she be able to enter US on her still not expired 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?
 
1) DONT go out of the country if you dont have valid AP WHEN you leave the country. You SHOULD have the AP in hand when you leave the country otherwise, the Immigration officer can say that she abandoned the AOS process.

2) If I485 is approved while outside country AND you had valid AP when leaving and then returning back to US, the immigration officer will not give you aI94 but stamp some stuff in the passport and direct you to go the INS office in a short amount of time. I have seen some posts earlier stating the above

3) You can receive RFE while you are outside the country. I got mine. I replied back with the data wanted ( W2, EVL stuff). I sent them to my lawyer who sent it to INS. In your case, since primary is approved, they might ( hope not) ask for marraige cert etc.

4) Good thing about RFE is that atleast the file is touched and if you respond promptly, the case will be approved soon. I have seen trends of that including mine

5) Typically, people get passports stamped with in a week. A month should be fine. I heard 6 months is the max but no one could confirm it
To be safe, you can return, get passport stamped and go back to India.. At the most $ 2K which is trivial compared to the risks of not doing so.

6) MOST IMPORTANTLY, for GC holders, if you plan to be OUT of US for more than 3 months, please contact your legal attorney. you might have to sign some form prior leaving. Otherwise you might risk your permanent resident status

All the above are my observations and knowledge reading this forum for past year or so.

As always, pls contat your lawyers before you make the final decision :)

..
Ram
 
CP looks really intersting as long as you have a secure job and stable employer

But if you have any varible shaky in the above two, AOS is better as it has AC21, EAD, AP stuff

Ofcourse as you asked, Lawyers get paid to give right answers
:cool: :cool:

..
Ram
 
Thanks guys for your replies.

A new development in my wife's case above. She received her 2nd FP notice today. The appintment is for Feb20, but maybe we will do it early on. So, it will be done before we leave for India.

I think the only question I have now is:

How long can one wait after getting 485 approved for getting it stamped on the passport ?


Also, is there anyone in this forum ( or anyone you know) who has entered USA on a valid AP after the 485 application has been approved. Is it perfectly OK or is it messy ?
 
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