Is there a time period for passport stamp? Please help

Johnny Wu

New Member
My wife and my 485 cases have been approved this week and we got the approval notices today. I will go to stamp my passport next week. But my wife is travelling outside US and will not be back until October, 2004. Is there a time limit for password stamp? Can my wife wait until October 2004 to do the timestamp?

Thanks in advance.
 
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Sorry,this is not an answer to your question, rather an add on, but I hope the answer will be relevant to your case also. Folks, any issues for being out of the country on AP or valid H1, when I-485 is approved, as mentioned in the above posting? Read elsewhere in the forum that you needto be physically in the country at thetime of approval, or on an AP. Any issues coming back on a valid H1?

I am waiting for my approval (RD/ND Nov. 2001), had my FP2 recently, wouldlike to travel before my H1-visa expires in mid-Sept at the same time I hope (better to say wish) that my I-485 be appoved by then and then travel peacefully just in case there are any more issues....I have no valid AP with me now, since I had a valid H1 so far....
 
min said:
My wife and my 485 cases have been approved this week and we got the approval notices today. I will go to stamp my passport next week. But my wife is travelling outside US and will not be back until October, 2004. Is there a time limit for password stamp? Can my wife wait until October 2004 to do the timestamp?

Thanks in advance.

It should be okay as long as she has valid AP to come back to us. This is the first hand info directly from a INS officer who approved my wife's AP, on a family medical emergency. But, not H1/H4 as it goes invalid immediately after GC approval, so you need to have AP and it doesn't matter if you are in USA or India at the time of approval. If it really matters where you are when you get approval, then there is no point in issuing a "Travel Document" called Advance Parole.

Also I spoke with my lawyer, I got the same answer.

I don't know the time limit for the passport stamping, you need to check with your lawyer about this. And please post the info in this forum as I am also looking for the answer.

Also talk to your lawyer about all questions before you can proceed.

thanks,
- Flam
 
santo said:
Sorry,this is not an answer to your question, rather an add on, but I hope the answer will be relevant to your case also. Folks, any issues for being out of the country on AP or valid H1, when I-485 is approved, as mentioned in the above posting? Read elsewhere in the forum that you needto be physically in the country at thetime of approval, or on an AP. Any issues coming back on a valid H1?

I am waiting for my approval (RD/ND Nov. 2001), had my FP2 recently, wouldlike to travel before my H1-visa expires in mid-Sept at the same time I hope (better to say wish) that my I-485 be appoved by then and then travel peacefully just in case there are any more issues....I have no valid AP with me now, since I had a valid H1 so far....

If you are on H1/H4 or any other visa and staying out of country at the time of GC approval, then you have apply for AP and check the option that you will collect the AP document at the US Embassy in India.

If you carefully go thru I-131 form, then you will see these options and you can decide where you want to receive the AP document.

thanks,
- Flam
 
Already got AP

My wife has valid AP. I just wanted to know if she can go to stamp her passport after October 2004. We got the 485 approval notices today.
 
She can

She can. Just let her go to USCIS with more than 6 months or more valid passport. However, you go and get your own stamp. There should not be any problem to delay the stamping for couple of months.
 
To my knowledge..., (may be I am wrong, confirm before leaves the country).
Entry using AP is valid..., while one is on travel before I-485 was approved.
But if one is in US and I-485 gets approved, his/her AP expires immediately. Travel on AP is not valid....
Confirm this before one leaves US.....
 
Left US one day before 485 was approved

My wife left US exactly one day before 485 was approved. Hope this is OK.
 
Left US the same day before 485 was approved

Just checked the online status again, my wife left US the same day 485 was approved, but we didn't know the approval a few days later. Will this invalidate her AP?
 
Does I-485 automatically cancel H-1

My friend recently got married just few days before his I-485 was approved.
His wife was lucky to get H-4 and land in US just three days before I-485
was approved. I am wondering if could have delayed his I-485 stamping to
if his wife's H-4 approval was delayed.
 
Reply from the lawyer's office

Reply from the paralegal:
YOUR SPOUSE CAN ATTEMPT TO ENTER ON HER ADVANCE PAROLE. IF THE CIS PORT OF ENTRY LOOKS IN THEIR COMPUTER AND SEES THAT SHE HAS BEEN APPROVED, THE WORST THAT CAN HAPPEN IS THAT THEY'D BE ASKED TO GO TO THEIR LOCAL OFFICE FOR DEFERRED INSPECTION, AT WHICH TIME THEY SHE COULD OBTAIN THE PERMANENT RESIDENCY STAMP. IF THEY LET HER IN USING HER ADVANCE PAROLE, SHE CAN VISIT THE LOCAL OFFICE TO HAVE HER PASSPORT STAMPED UPON HER RETURN.
 
min,
Ask your wife to carry copies of
(1) Date and Time of the departure of flight from US to destination... if there is a way to prove checking in was done 3 hours earlier, much better.
(2) Copy of the email recieved from USCIS regarding I-485 approval, clearly showing the Date and Time.
If asked questions..., should be able to prove/explain that the approval was done after she left..., So AP is valid.
Let her carry the phone numbers of your attorney too..., in case necessary.., can contact them from the port of entry.
 
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