Needs Guidance with Quick AP for spouse..

S

solicit

Registered Users (C)
Gurus,

I am currently on H1 status valid till March end. My 485 with RD of March 02 is pending adjudication. My fiance is currently studying in India. Inorder to not risk her chance of entry in to US, I am planning to get married ASAP and bring in my spouse on H4 so as to facilitate for her I-485 filing.

Since she has to continue with her studies, It is highly essential that she has to return back within as short a time span as possible ( 2 or 3 weeks). Since she would be having her H4 validity only till March 04, she would need to have an AP for subsequent re-entry on 485 status.

What are the options I have to get her AP as fast as possible.

Any guidance or pointers are highly appreciated.
 
When she is here on H4, apply for advance parole along with the I485. Watch the normal processing times for AP in your service center and apply for a new AP adding a month to the projected processing time.
All she has to do is to wait till I485 receipt is received before going back to home country. Also before leaving make copies of I94.
 
Jaxen2,

Thanks a lot for your response. Greatly appreciate it . However I was not able to fully comprehend the procdure ( trick) you have outlined. Let me elaborate on the steps U suggested.

1. Enter US on H4

2. Apply for I-485 + AP and wait to receive the 485 receipt notice.
( so far everything is crystal clear)

3. Apply for another AP adding a month to the projected processing time.

This is where I am totally confused. Taking in to account the normal processing times for AP at VSC is 4-5 mos, when should I apply for another AP ? Does this in anyway help to circumvent the problem " If you travel before the advance parole doc is issued , your application will be deemed abandoned if 1) you depart US " - excerpt from I-131 form).

What's the specific purpose the second AP filing serves?

Do U mean to say that she can leave the country while on valid H4 status and re-enter later using an AP which was approved after her departure from US.?


Thanks for your help and look forward to further guidance.

-solicit

When she is here on H4, apply for advance parole along with the I485. Watch the normal processing times for AP in your service center and apply for a new AP adding a month to the projected processing time.
All she has to do is to wait till I485 receipt is received before going back to home country. Also before leaving make copies of I94.
 
I was under the impression that you need to be in US when you apply for AP, and inorder to use that AP you need to be US and not leave US untill that AP is approved.

I would suggest that when you bring your wife here on H4, and when you apply for 485, after you get the 485 receipts, have your wife go get emergency AP, and then let her leave.

This is a safer route than applying for AP, she leaves before AP is approved, and you mail her the AP which she will use for re-entry in future.
 
I would suggest that when you bring your wife here on H4, and when you apply for 485, after you get the 485 receipts, have your wife go get emergency AP, and then let her leave.
----- you can apply for AP when your wife sends her I-485, AP must be filed in US when your wife is IN US and AP should be approved before she departs US. Or she should enter on H4 visa if you are on H1 when she again needs to enter.
This is a safer route than applying for AP, she leaves before AP is approved, and you mail her the AP which she will use for re-entry in future
----------She can be denied Entry to US if her AP was NOT approved when she was in US. she needs AP to be approved when she is IN US. check the USCIS site for more info.
 
Ginnu,

Whatever U have mentioned is my understanding too from plain understanding of the instructions on the I-131 form. Is there any means by which one can circumvent this ?
( like applying for AP from outside the country or like that )

Any guidance would be greatly appreciated..


Thanks,
-solicit
 
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