pls advise:approval expected; kids overseas

[nov2k]

I expect my WAC-02-047-5xxxx case to be approved any day now. I've AP for kids (ages 7 & 9) expiring 01/03; they're held back by my ex; against custody agreement. Would there be an issue with 485 approval if kids are not in US?

 

[tsram]

Kids must be here before AP expires

You can get approval for your kids when they are not in US.
But they have to come back before AP expires

 

[nov2k]

Re: Kids must be here before AP expires

Originally posted by tsram
...they have to come back before AP expires

Thanks for the info; really appreciate it.

If I get another AP now, while they are outside, that say is valid till 01/04, and assuming they're able to return by that time, would that work?

Alternatively, is there a special permission from INS for kids which are essentially hostage in parental abduction?

 

[goodsaint]

I don't think that you can get AP extn. while they are out of the country. Since you are very close to approval, you should talk to not only an immigration attorney but also a family law attorney to explore the situation.