Regarding AP for my spouse and travelling abroad

algounico

Registered Users (C)
My spouse has purchased a ticket to travel to her home country for end of June, after re-stamping the H-4 in her passport at the consulate she is planning on coming back in August. I am now in condition to apply for I-485 (after doing the medicals and the fingerprinting). I do not know whether is advisable for us to wait until she is back to apply for I-485, or apply in June for Advance Parole along with I-485 and then she departs (she could delay the departure a couple of weeks). I heard that once you apply for Advance parole you cannot leave the country until it is approved; Is this true? Could she take the flight the same day we dispatch the I-485 + AP?, because I know at the time of filing we both need to be present in the U.S., and this way she will be present but just wont have a case recepit number. She is having a valid H-4 and is planning to leave and re-enter based on that only, any suggestions? (as per filing I-485 with our without AP before or after travelling). Thank you so much.
 
I heard that once you apply for Advance parole you cannot leave the country until it is approved; Is this true?

Once you file for 485 you cannot leave until you get AP approved. If you leave ur 485 will be denied as abandoned. I don't think just filing application for AP makes you eligible for continuing 485 processing.
 
If you apply for I-485 wait for receipt. Receipt date could be a week or 2 after the day center get your application. If at that time your wife is out of country it could be a problem.
 
Thank you for your replies. I read the official info at http://www.uscis.gov/portal/site/us...nnel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD from where I understood she could travel on her H-4 even with the I-485 pending but wasn't clear if it was convenient to apply for AP or not before travelling. This is an interesting point that she should travel no earlier than two weeks after filing for I-485 so that she gets the receipt, thanks (by the way, what happens when she gets the receipt that she needs to be here?). We need to go for medicals and fingerprintings yet, any idea how long they take until we have them on our hands? thank you so much.
 
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