Important...extremly urgent please respond

K

Krish2001

Registered Users (C)
Friends, I am about to file my I-485. I received a mail from my lawyer that after filling my application,one should not leave the country for 30 days. But due to unforseen circumstance , my wife is leaving to India next week.My question is.

1. Can I file I-485 for my wife after she returns? Meantime is it ok for me to file my I-485? or should both of us file simultaneously?
2. Both of our Visa has expired. Is it ok for my wife to get re-validated in India.

Appreciate your thoughts on this.
 
No Title

I guess the reason why your attorney insists on your staying for atleast one month here after filing 485 is, by that time you receive the travel document (Advance Parole). I suggest you to carry the travel document with you when you leave USA.
 
Advance parole

I am not sure what your current status is ,, if your wife has a valid H4 visa you mwill not require a Advance parole to travel. You need AP only if your current status has lapsed or is about to lapse in the next 1-2 months
 
No Title

Sometimes, due to various reasons, INS can send back the 485 applications. If that happens, then your wife will have to come back to US before her application could be filed and she will not get the AP. So, I would postpone the trip if possible, till you get the receipts. There\'s no need to wait for AP if you have a valid H1/H4.

Good luck.
 
Status is valid.....any comments

Both of our petition H1/H4 was recently extended. Only the visa needs to be revalidated.I am planning to re-validate my visa in US and my wife will re-validate in India. We another 2 yrs of extension period.
With this background is it possible for me alone to file I-485 and later for my wife to file hers once she is back in Jan\'02?.I am not in need of AP really as we have enough years left.

Please post your thoughts..Thanks
 
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