Is 485 considered abondoned?

A

Avalon

Registered Users (C)
If primary applicant continues the job is US while the dependent (spouse) stays out of country for extended peiord (say 11 months), is the AOS considered abondoned for the spouse? The spouse has valid H4 and AP and left few months after filing AOS.

Some say AP is a travel document to be used by AOS applicants for temporary period of absence(temporary means up to 3 months)

Please help.
 
No Title

Even though AP given for temporary travel, there is no time limit for staying out of country. At POE they may ask you why you left the country for that much period, if you can provide a valid reason (such as medical problem, pregnancy...) it will be okay. But don\'t over stay on AP.

My $0.02
 
AP is valid till the expiry date and 485 is not considered abandoned.

There is no such rule. People think that AP is for emergency travel and so there should be a restriction. This restriction comes into play for family based Adjustees and not for employment based cases (and their spouses)
Just make sure that your spouse enters before the expiry of AP.
 
Thank you Gurus

I looked up other postings made by helpout and jaxen. You guys are really helping...Thanks.

I checked up http://www.murthy.com/ukpbadpl.html

Under Period of Parole - it says \'until final decision on AOS is made\'. I will make sure that spouse is back before the expiry of AP. Also, the spouse has valid H4. We yet to have our FP notice, so there is no question that our case will be approved.

But it states that AP needs to be approved before departure. In my case, my spouse left after applying for AP but without receiving approval of AP. Later I mailed the approved AP. Will this be a problem?
 
Look at the INS form I-131 instructions for the rules

It says that Parole application is considered abandoned if applicant travels before approval. I am not sure about your dates but I think you should make sure. As long as wife has valid H4 you won\'t have a problem. Double check with a lawyer for the status of AP.
 
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