Travel during I-485 processing

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ChicagoCouple

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I am a US citizen. My financee is currently in US as a student and her EAD expires in mid-February.

We are planning on getting married in mid-January and file for her greencard (I-130 and I-485) while she is still in U.S.

Once her I-485 is accepted and being processed, is it possible for her to travel to India for about 3 months? If so, how would we do that? What happens to her I-485 application while she is in India?
 
While 3 months is possible with approved AP, this long a period may lead you to miss your initial interview date. It is not recommended to try and reschedule interviews, unless absolutely necessary.
 
ChicagoCouple said:
I am a US citizen. My financee is currently in US as a student and her EAD expires in mid-February.

We are planning on getting married in mid-January and file for her greencard (I-130 and I-485) while she is still in U.S.

Once her I-485 is accepted and being processed, is it possible for her to travel to India for about 3 months? If so, how would we do that? What happens to her I-485 application while she is in India?
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Once the AOS forms are filed she cannot leave without AP, if she does the I-485 is denied. It may take 3 months just to get the AP in the first place. You would be better off pursuing Consular Processing.
 
With Consular processing she has to get a police certificate from all places she lived in for more than 6 months after age 16. With AOS you dont have to do that. Just less hassel with the AOS, but excepting that CP and AOS are the same.
 
ChicagoCouple said:
I am a US citizen. My financee is currently in US as a student and her EAD expires in mid-February.

We are planning on getting married in mid-January and file for her greencard (I-130 and I-485) while she is still in U.S.

Once her I-485 is accepted and being processed, is it possible for her to travel to India for about 3 months? If so, how would we do that? What happens to her I-485 application while she is in India?
Click to expand...

Your travel plan doesn't seem feasible. She must be in the US for fingerprinting and the interview. And she must be in the US until her Advance Parole (or the GC itself) is approved.
 
ravi_niu said:
With Consular processing she has to get a police certificate from all places she lived in for more than 6 months after age 16. With AOS you dont have to do that. Just less hassel with the AOS, but excepting that CP and AOS are the same.
Click to expand...

If she does CP she could be stuck in India for 6-12 months (i.e. until the entire CP is complete and she gets the immigrant visa). Because she may be unable to return to the US with an F1 visa, after getting married to a US citizen who has filed I-130.

However, the fiancee visa may work well for this situation. If ChicacoCouple files the I-129F now, the consulate is likely to be ready to interview her for the K1 visa somewhere in the March to May time frame. She plans to be in India around that time frame anyway, so she'll be there to do the interview. Then upon K1 approval, she returns to the US and gets married and files the I-485 (no I-130 because the I-129F replaces the I-130).
 
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