Question on AP - pls help

H

hai_yeh_gc

Registered Users (C)
I have a question on I 131 filing.

I had recenetly applied for my wife's I-131 and the application was rejected because of change in fees ( applied on Jul 13 but still got rejected ) .

I want to apply 131 again with new fees. My wife is travelling to India next week and her current 131 is valid till November.

I read on the form instructions that, if you apply 131 and depart from the country , the application will be rejected. Is this true even though she has a valid 131 at present?

I'm expecting our GCs anytime ( ofcourse with USCIS anytime soon could be 10 yrs from now ), wondering if it's a worth waiting for GC.. :confused:

Thanks for your help.
 
hai_yeh_gc said:
I read on the form instructions that, if you apply 131 and depart from the country , the application will be rejected. Is this true even though she has a valid 131 at present?
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Not true. I was in that situation and asked my company's lawyers about it. If you have a valid AP you can travel and come back with it even if the next AP is pending.
 
Thanks for the answers.
The opinion still is quite divided.

I'm thinking what Jackolantern says might be right. Since she has valid AP and planning to come back before it's expiry, it should be ok to file new 131 and leave the country.

MD_Rockville, did you have any personal experiences, where things went wrong in a similar situation.

Thanks again for your responses.
 
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