Please I need your advice on my travel to India and GC is close

GC-Close

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Hi All,

My reciept # wac02133xxxxx. ND is Match 12th, 2002. I think the current processing is for March 1st. My wife and kids will be travelling to India in June and I will later join them in August. will be coming back in Sep.

My question is what if 485 gets approved while we are in India. We are going to travell to India on AP. Would this be a problem while coming back?

What will be my options.

I would really appreciate your advice on this.

Thanks and regards

GC-CLOSE
 
This has been discussed before. These days its tricky because they are approving without RFE. If you get approved without RFE while in INDIA then
I think your AP is invalid.
 
GC-Close said:
Hi All,

My reciept # wac02133xxxxx. ND is Match 12th, 2002. I think the current processing is for March 1st. My wife and kids will be travelling to India in June and I will later join them in August. will be coming back in Sep.

My question is what if 485 gets approved while we are in India. We are going to travell to India on AP. Would this be a problem while coming back?

What will be my options.

I would really appreciate your advice on this.

Thanks and regards

GC-CLOSE

If you postpone your travel, you will not have to think of GC in India. As desi-bartender suggested you may get approved without RFE. Do not take chances. Unless it is emergency, it is a good idea to get the approval and passport stamped and travel to India with GC.
 
If you are travelling on AP, you should be fine even if your GC gets approved. But before you go I would do the following

0) Search this site
1) check w/ your lawyer
2) call the customer service - BCIS and verify

-Good luck


GC-Close said:
Hi All,

My reciept # wac02133xxxxx. ND is Match 12th, 2002. I think the current processing is for March 1st. My wife and kids will be travelling to India in June and I will later join them in August. will be coming back in Sep.

My question is what if 485 gets approved while we are in India. We are going to travell to India on AP. Would this be a problem while coming back?

What will be my options.

I would really appreciate your advice on this.

Thanks and regards

GC-CLOSE
 
If you have valid AP, travel and come back before AP expires, there shouldn't be a problem.

In this case, if GC is approved while you are in India, they will defer your inspection when you come back and tell you to go to an INS office and get your GC stamp. (Otherwise, why would AP even exist if you risk your GC getting approved while travelling ???)
 
desi-bartender said:
This has been discussed before. These days its tricky because they are approving without RFE. If you get approved without RFE while in INDIA then
I think your AP is invalid.

I was under impression from previous threads that if you get approved when you are abroad, AP should let you reenter to USA.

Here is my points based on my logical understanding:
1. You can use AP as long your passport is not stamped after GC approval. If the POE officer finds that you are approved, he/she will ask you to go to USCIS office and get stamped.

2. If an AOS is pending for 2 years, that means it could be approved anytime within this 2 year of span. Should an AOS give up travelling abroad for this long period time? That nullifies the usefullness of AP. Officially USCIS does not provide any specific date or specific time period when I485 will be approved. All they mention in recieipt that "this kind of application takes 998 to 999 days for processing". I believe legally it's OK to travel aborad and use AP for reentry within 0th to 997th days after I485 application.

3. As it mentioned in other threads lots of people were thinking their GC approval is close for last two years. But they are still waiting.
 
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