Please advice... URGENT

A

AKish

Registered Users (C)
Hey guys(GURUS)
I need your advice, My spouse had applied AP renewal on Sept 4th and received a RFE on NOV 4th for marriage certificate, which was replied next day. We are still waiting for her approval. We are planning for India trip on first week of Dec and spouse coming back on Feb. First AP for expires on Jan 01 2003.
What should we do? Can one leave the country with old AP and reenter the country with new AP(renewed, as during that period old AP will be expired)?
Please guide us, Your inputs will be highly appreciated.
Thanks in advance
Akish
 
I am advised by an attorney that if some one is going out the country based on AP then they must come back before the AP expires.

1. If some one leaves the country after aplying for AP but before it's approval then legally it is abandonment of AP.
2. If some one is out of the country with AOS pending but no AP/H1/H4/L1/L4 or expired AP then it is treated as abandonment of AOS.

You may get few people saying that they did this in the past and they didn't face any problem, but in the current changed situation based on what goes on at port of entry for some one coming back with AP I don't know if it is worth the risk. You could try one thing -go to local INS office and see if you can get an emergency AP or any advise on this one (is it okay to travel while AP extension is pending)...

Good luck
PCee
 
My AP RD was July 14th 02.
AD was July 30th 02.
RFE was on October 29th for marriage certificate.
Still waiting for AP.

Meanwhile my spouse with an AD of July 30th is still
waiting to receive her AP.

BTW we cancelled our vacation due to start next week
 
PCee covered pretty much everything nicely...I just want to reiterate that it is illegal to send approved AP notice to anyone who is out of US. While reentering US on AP, you may be subjected to secondary inspection and they can very easily trace when you left last vis-a-vis when was AP approved esp. when it
was printed and mailed.
Even if AP is approved, it sometimes takes up to 8 weeks before the actual notice is printed and mailed...I had applied for AP renewal (ND 07/07) was approved on 07/31 but I rec. it on
09/16! While following up with IIO was told that it was printed and mailed several weeks after the approval.
 
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