** Need Your Advise **

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fast_gc_seeker

Registered Users (C)
I'm in US and my wife is in India for delivering our first baby. She has a AP which is set to expire in Apr 2006 before which its hard for her to visit US.
Everything I've read suggests that the beneficiary needs to be in the US when the AP is approved.

Assuming my wife cannot return back to US before her AP expires does it mean the US doors are closed permanently for her? :(

what can be done to bring her and our baby to US in future?

Please advise. Thx.
 
fast_gc_seeker said:
I'm in US and my wife is in India for delivering our first baby. She has a AP which is set to expire in Apr 2006 before which its hard for her to visit US.
Everything I've read suggests that the beneficiary needs to be in the US when the AP is approved.

Assuming my wife cannot return back to US before her AP expires does it mean the US doors are closed permanently for her? :(

what can be done to bring her and our baby to US in future?

Please advise. Thx.
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nobody has any comments?
 
bjorn said:
Yes, I think the person must be in US when AP is approved.
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But why in Form I-131, they ask where you want your AP approval notice to be mailed, you have an option to give a foreign address. So the may can be in India while her AP is approved. But better check with the attorney for this.
 
fastapproval said:
But why in Form I-131, they ask where you want your AP approval notice to be mailed, you have an option to give a foreign address. So the may can be in India while her AP is approved.
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Keep in mind that the I-131 is also used to apply for a Permanent Resident's Re-Entry permit, which can be sent to a foreign address. This, however, does not apply to AP.

And as I told fast_gc_seeker in private message, the child has NO BASIS upon which to return to the US, and I doubt the the airline will let it on the flight. They could try begging at the US consulate for humanitarian parole, but I wouldn't hold my breath.
 
Get your wife back to US

TheRealCanadian said:
Keep in mind that the I-131 is also used to apply for a Permanent Resident's Re-Entry permit, which can be sent to a foreign address. This, however, does not apply to AP.

And as I told fast_gc_seeker in private message, the child has NO BASIS upon which to return to the US, and I doubt the the airline will let it on the flight. They could try begging at the US consulate for humanitarian parole, but I wouldn't hold my breath.
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Even if your child is born in US, you can opt for Indian citizenship. One of my friend has got Indian passports (NOT PIO cards) for his two childrens as he did not seek US passport. You will be in a lot trouble to get child in US. Better to call your wife back to US, and register for delivery, may be with Indian doctor as they may accomodate.
 
fast_gc_seeker said:
I'm in US and my wife is in India for delivering our first baby. She has a AP which is set to expire in Apr 2006 before which its hard for her to visit US.
Everything I've read suggests that the beneficiary needs to be in the US when the AP is approved.

Assuming my wife cannot return back to US before her AP expires does it mean the US doors are closed permanently for her? :(

what can be done to bring her and our baby to US in future?

Please advise. Thx.
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Your case looks different, most of the folks do it other way round due to better health care and many more for the long term goals, unless you have very serious limitation (lack of helping hands / Insurance limitation etc.) Will you apply a new AP for the newly born baby as well?
Think all the aspects very clearly. If possible take suggestion from any GOOD lawyer. Good Luck
 
fast_gc_seeker said:
I'm in US and my wife is in India for delivering our first baby. She has a AP which is set to expire in Apr 2006 before which its hard for her to visit US.
Everything I've read suggests that the beneficiary needs to be in the US when the AP is approved.

Assuming my wife cannot return back to US before her AP expires does it mean the US doors are closed permanently for her? :(

what can be done to bring her and our baby to US in future?

Please advise. Thx.
Click to expand...

There are 2 options for you
1) Your wife come back to deliver in the US. Everything will be perfect.

2) If your wife chooses to deliver in India, you have to fill a I485 for your kid (assumes that your PD is current). Also, you have to modify interview option for your wife in the I485 to consulate (assume that your PD is still current).
If you don't change the interview option for your wife, I think the I485 will be abandoned when the AP expired and your wife can not come back.
Either case, your wife and kid will not come back to the US until the I485 approved.

Another way to solve this is to use H4 visa IF YOU ARE STILL IN H1 status.
 
You have to be in US when you file AP, does not matter where you are when it is approved. (Ofcourse from my lawyer)
 
newbies said:
If your wife chooses to deliver in India, you have to fill a I485 for your kid (assumes that your PD is current). Also, you have to modify interview option for your wife in the I485 to consulate (assume that your PD is still current).
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An I-485 is predicated on the fact that the alien beneficiary is currently within the United States. Since the baby is in India and has no legal mechanism for returning to the US (unless its father is currently on H-1) no I-485 can be filed for the child.

Second, an I-485 interview can NEVER happen at a US consulate. The wife and child need to do follow to join once the father's I-485 is approved.
 
abandon of 485?

newbies said:
I think the I485 will be abandoned when the AP expired and your wife can not come back.
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If my wife dosent return to US before AP expires, then her I-485 is considered abandoned?
 
fast_gc_seeker said:
If my wife dosent return to US before AP expires, then her I-485 is considered abandoned?
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Yes. Since you don't put the option for Consulate in your I485, she MUST be within the US for Adjustment of Status.
Since she is outside, what is her status? If there is no status, there is no Adjustment.
 
newbies said:
Yes. Since you don't put the option for Consulate in your I485, she MUST be within the US for Adjustment of Status.
Since she is outside, what is her status? If there is no status, there is no Adjustment.
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if 485 is considered abandoned, is she eligible for some other US visa or she needs to send a letter if she wants to voluntarily abandon the 485?
 
fast_gc_seeker said:
if 485 is considered abandoned, is she eligible for some other US visa or she needs to send a letter if she wants to voluntarily abandon the 485?
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The only visa that the consulate would give her is an L, H or K.
 
TheRealCanadian said:
The only visa that the consulate would give her is an L, H or K.
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One more AP question...

I've just applied for my parole [AP2] renewal but my current parole [AP1] is valid until July 2006. Lets suppose the renewal [AP2] is not approved before Feb 2006 can I leave the country and have the new AP2 mailed to me later?
 
fast_gc_seeker said:
One more AP question...

I've just applied for my parole [AP2] renewal but my current parole [AP1] is valid until July 2006. Lets suppose the renewal [AP2] is not approved before Feb 2006 can I leave the country and have the new AP2 mailed to me later?
Click to expand...
anybody any comments?
 
AP Question

My wifes AP is valid until Apr 2006 but she is currently in India. I'm aware that to apply for her AP renewal she has to be physically present in US. Lets assume she comes to US in Jan 2006 and applies for AP renewal.

Does she have to wait in US until the new AP is approved OR after applying for AP renewal she can leave the country so that it can be mailed once its approved?
 
Unless you have real compelling reasons, get your wife back here before its too late to fly (Medically not recommended).
Also you need to check to see if the airline will permit her to fly at this stage. If you intend to get your wife back to the US, you can get some doctor to certify that your wife is fit to fly and the airline will not have any restrictions after that.
Imagine this, you will have to spend thousands of dollars towards lawyers fees for reopening your case and adding your son to the 485.
This is something for you to think about.
Without an AP for your baby, there is no way they can get back here.
 
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