Renewal of Advance Parole(Wife)

C

cosmopolitan

Registered Users (C)
I have a green card, and my wife's I-485 is pending..

Her current I-131 Advance Parole expires 12-SEPT-2008
USCIS did not let me apply for renewal unless it is 120 days prior to expiry.
So i applied for AP and got a Receipt date of 19-MAY-2008

We have a travel emergency coming and we would have to travel on 2-OCT-2008.

Since USCIS is well aware when my wife's current AP expires would they process the renewals before that? and if not can i use the receipt of the renewal application to travel and come back...since it was not out fault and we did apply on time.

Please advise
Thanks
 
No she can't use the receipt to travel. If she leaves without the AP, she'll need an H or L visa stamp in her passport to come back and preserve her I-485.

Usually they process the AP within 3 months so chances are it will be approved before October.
 
Hi Cosmopoliatan,

What documents have you used to file for your wifes AP . I am also planning the same but am confused a bit for the documents .
Her condition is same and she need to travel in emergency .

Thanks
Shreyas
 
cosmopolitan said:
I have a green card, and my wife's I-485 is pending..

Her current I-131 Advance Parole expires 12-SEPT-2008
USCIS did not let me apply for renewal unless it is 120 days prior to expiry.
So i applied for AP and got a Receipt date of 19-MAY-2008

We have a travel emergency coming and we would have to travel on 2-OCT-2008.

Since USCIS is well aware when my wife's current AP expires would they process the renewals before that? and if not can i use the receipt of the renewal application to travel and come back...since it was not out fault and we did apply on time.

Please advise
Thanks
Click to expand...

She should travel and come back before the expiration of the AP in hand , not pending AP. If she stay overseas after expiration of the AP in hand and the pending AP was not issued yet, this means abandoned I485 and the pending AP will not issued consequently, no other option especially that you are already GC and no way for H visa. You should decide between your priority, emergency travel or I-485 in case you want to overstay your AP in your hand.
 
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