Spouse out of US for a extended period

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sunny647

Registered Users (C)
My spouse needs to be away from US for extended period of time (around 1 year) after filing for I140/485/AP. Does she need to file for some special permission from INS to explain why she needs to be away. Is this even allowed?
 
If she does not have any other visa and plan to use AP to enter US, then you need to apply for 2nd AP in another 6-9 months so that she can come into US after first AP's expiry.
If she plans to enter US before expiry of AP then there is no need to worry.
There is no special provision for such cases.
Getting or applying for AP (the second one especially )when the candidate is outside US is a definite risk.

If she cannot enter US before AP expiry or if 2nd AP is refused, she will have to wait till your 485 approval (assuming you are the primary beneficiary) and apply through the US consulate in home country- will take between 6-9 months from your approval date.
 
Jaxen thanks for replying. Yes she is planning on entering before AP expires but the reason I had asked this question was one of my friends had mentioned that INS might object to her staying away from the spouse for long periods of time. They might question the validity of marriage. But from what I am hearing from you it this shouldn't be a problem as long as she doesn't let her visa expire. Right?
 
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