Isses when approved while abroad. POE problems !!

R

Red_Card

Registered Users (C)
Guys,
My wife's 485 was approved a day after she left for India. She has valid AP tile Mar 2005 and H4 expired.
MY lwayer says I should get her back ASAP and get the PP stamped. She told me that the POE will know that the case was approved and they will raise issues. She also told me that they have seen situations like this and one case took couple of months to resolve. Anybody in this situation. Please advice.
 
Since approval came "after" the person left, I don't see a problem here. On top of that she is having valid AP. You should not go for stamping before she returns ( as few suggest ). Few other have advised to have 2 photo and all documents required for I-551 stamp in possession while returning back as POE may take the applicant to secondary inspection.
 
Last edited by a moderator:
I have already posted on the portal in this matter. One of my colleagues faced the same situation. So I faxed the approval notice to India, and he kept the proof when he left US last time and date of approval. He came back alone and got his PP stamped with out any hassles. His wife and son followed him after 2 months and got PP stamped with no issues. These events happened in Feb & May 2004.
 
Murthy.com article

Red_Card said:
Guys,
My wife's 485 was approved a day after she left for India. She has valid AP tile Mar 2005 and H4 expired.
MY lwayer says I should get her back ASAP and get the PP stamped. She told me that the POE will know that the case was approved and they will raise issues. She also told me that they have seen situations like this and one case took couple of months to resolve. Anybody in this situation. Please advice.
Click to expand...
Can I Travel While I-485 is Pending?

Please read Murthy.com update from the following link.

http://murthy.com/news/n_man485.html

I have also cut and pasted relevant information from murthy's update!

Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport.
©MurthyDotCom
 
It is up to officers at any entry point. If they see your status on their system, you have to explain and make them understand that you didn't know it was approved.

but I don't see any problems so far this year.
 
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