Please Help! Problem in returning back to US!

K

kuttis

Registered Users (C)
Hi Friends,

One of my friend and his wife filed GC processing and also have done FP. But due to some differences and problem between them. He sent his wife and the kids (who are US citizens) to India and cancelled his wife I485 processing.

In the meantime, his I485 is approved and he got his Green Card.

Right now they settled there differences and he is planning to bring his wife and kids back to US.

What are odds and options? How can he bring his wife back? Under what Visa? Is there a chance!

Advance Thanks for your replies.
 
What do you mean by cancelled? Husband cannot cancel wife's I485. Only USCIS can deny I485. I guess her I485 is still alive. On the other hand, if she does not have valid visa (not H4) and her AP is expired, her I485 would be considered abandoned. If her AP/visa is still valid, she can come back to USA and resume her I485 processing.

If her I485 is really denied by USCIS, she has to go thru consular processing.
 
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kuttis said:
Hi Friends,

One of my friend and his wife filed GC processing and also have done FP. But due to some differences and problem between them. He sent his wife and the kids (who are US citizens) to India and cancelled his wife I485 processing.

In the meantime, his I485 is approved and he got his Green Card.

Right now they settled there differences and he is planning to bring his wife and kids back to US.

What are odds and options? How can he bring his wife back? Under what Visa? Is there a chance!

Advance Thanks for your replies.
Click to expand...

If your friend's wife's 485 is denied or cancelled then ask him to file I-824 and send all the other documents to the US consulate in India...

Go through the following link :

http://www.immigrationportal.com/showthread.php?t=96693
 
Thanks pralay and sree1965 for your information.

Why if she is depended and the husband can still cancel her I485 no?
 
kuttis said:
Why if she is depended and the husband can still cancel her I485 no?
Click to expand...

No, he cannot cancel (unless he can explain how he did that). If USCIS did not make any decision on her case (did not send any denial notice or "intend to deny" notice) there is 99% chance her I485 is still good (provided she has either valid visa or valid AP).
 
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