Needs advise/help please...

S

sshah1001

Registered Users (C)
Hi guys,

My wife is in India and I have not received her I-131 yet. For some urgent reason, she cannot stay in India needs to come to either USA or to Canada with my sister. So, I was just thinking if she can go to Canada.

I was just thinking if it is possible that my wife can go to Canada on a tourist visa and from there she can come to USA. I have got my sister staying in Canada. She can invite my wife from India to Canada and then when my wife's I-131 comes, she can come to USA from Canada on I-131. I am just checking this possibility with you huys.

Real questions are...

1. Whether she can go to Canada from India on a tourist Visa when her I-485 is filed? We are in our GC process and her H4-B visa got expired.

2. From Canada, can she come to USA on her I-131?

3. If she cannot come on I-131, can she apply for H4 visa from Canada ? I have filed for my H1-B revalidation. So, I should get it in few weeks.

I am in a big trouble as her I-131 is not received yet and she cannot stay in India any more.

I would greatly appreciate your expert advise and any help in this.

Thanks in Adv.
 
Are you citizen? or GC holder

If you are a citizen then if you apply I-131 at New Delhi she can come here within six months with GC.
 
Tammy...I-131 is Advance Parole...you only can get that from US. Its likely his wife went out from US without Advance Parole and this is very dangerous since she might be considered abandon her status here and she will deny reentry at the airport if she come back without it.
 
Hello both,

Thanks for your replies.

We are in the process of Green card. I-485 filed in Nov'02.

My wife went on Advance Parole but her AP expired in Dec'03 and she could not come back before that. Now, I am waiting for her new AP (rcpt date = Nov'03). But, she needs to come urgently back to us. Is my idea about going to Canada on tourist visa and then come from there to Us on AP workable?

Thanks,
 
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