Travel Related - complicated - Need help urgent

J

Jan15

Registered Users (C)
My wife needs to travel to india, her 485 was filed in jan 2003 as a secondary applicant to my 485.
My 485 has been approved and passport has been stamped a few days back.
Her case will take propbably 6 more months to be approved ?

Now the main question
My wife has a AP and EAD, My lawer says she can travel using her AP. but my concern is that she has I94 arrival record where her visa has expired on May 2003.
She overstayed in USA because she had filed for 485 (immigiration status) in Jan 2003 and ..
her EAD approved in March 2003..

Does she need her i94 while travelling to india, is AP sufficent for returning to US. ??
is this case in anyway considered an over-stay ??
When she returns to USA, what visa will she get... how long will that visa be ??
Anyone using AP to return to USA, what kind of visa/stamp do hey get ??

Need your help urgently on this as my wife needs to travel urgently as mother is not keeping well.

thx
jan 15
 
Originally posted by Jan15
My wife needs to travel to india, her 485 was filed in jan 2003 as a secondary applicant to my 485.
My 485 has been approved and passport has been stamped a few days back.
Her case will take propbably 6 more months to be approved ?

Now the main question
My wife has a AP and EAD, My lawer says she can travel using her AP. but my concern is that she has I94 arrival record where her visa has expired on May 2003.
She overstayed in USA because she had filed for 485 (immigiration status) in Jan 2003 and ..
her EAD approved in March 2003..

Does she need her i94 while travelling to india, is AP sufficent for returning to US. ??
is this case in anyway considered an over-stay ??
When she returns to USA, what visa will she get... how long will that visa be ??
Anyone using AP to return to USA, what kind of visa/stamp do hey get ??

Need your help urgently on this as my wife needs to travel urgently as mother is not keeping well.

thx
jan 15
Click to expand...

I-94 should be handed over in USA before she boards the flight to India. When she comes back, she can use AP.

Reg. to check whether she overstayed or not, depends on which visa category your wife has entered USA(mean H1, L1 or tourist visa etc.), so to clarify you may want to check with your immigration attorney.
 
Originally posted by Jan15
My wife needs to travel to india, her 485 was filed in jan 2003 as a secondary applicant to my 485.
My 485 has been approved and passport has been stamped a few days back.
Her case will take propbably 6 more months to be approved ?

Now the main question
My wife has a AP and EAD, My lawer says she can travel using her AP. but my concern is that she has I94 arrival record where her visa has expired on May 2003.
She overstayed in USA because she had filed for 485 (immigiration status) in Jan 2003 and ..
her EAD approved in March 2003..

Does she need her i94 while travelling to india, is AP sufficent for returning to US. ??
is this case in anyway considered an over-stay ??
When she returns to USA, what visa will she get... how long will that visa be ??
Anyone using AP to return to USA, what kind of visa/stamp do hey get ??

Need your help urgently on this as my wife needs to travel urgently as mother is not keeping well.

thx
jan 15
Click to expand...

If she filed her I-485 in January 2003, and the I-94 expired in May 2003, she did not overstay.
Once somebody has filed I-485 and got the Receipt Notice, this person is in the period of stay authorized by the Attorney General, until a decision on I-485 is made.
 
Thanx all for the reply, one important thing we need to know.
is what stamp will she get on her passport when comming back.
what will be the length of that stamp ? she has a valid work permit EAD since march 2003 until march 2004 .. is that EAD card a important document ?.. will she need that ?.. will she need her i485 reciept notice ?.. what all documents does she need to carry ?...
kindly advice, need to book tickets today ..
thx again jan15
 
AP

Using AP would entitle to a I-94 for 1 year. Documents you need to carry
1) Copy of AP
2) Copy of Approval Notice

If stay is long and emplyed take a letter from your employer too that u r going on vacation.
 
gambler,

What is the copy of approval notice you are suggesting here?

All,
Also in this case (I-94 expired) is it a good idea to give a copy of I-485 receipt or Ap with I-94?

Thanks
 
Originally posted by san_1
gambler,

What is the copy of approval notice you are suggesting here?

All,
Also in this case (I-94 expired) is it a good idea to give a copy of I-485 receipt or Ap with I-94?

Thanks
Click to expand...

I guess 'gambler' suggested the approval notice of the AP.

Anyway, the required documents at the POE could be AP, I485 receipt notice.

I-94 doesn't play any major role, if you have an approved visa but not stamped (H1B, L1 etc.) or if you have filed I485.

Legally, you should hand over the I-94 to the airline ticketing authority before you leave USA. They don't care if the I-94 is expired or not. They usually take it with them when they check the passport validity. I forgot to give it to them once and when I entered POE didn't question me. But after 9/11, I wouldn't bet on that scenario.
 
Originally posted by Raj Chandra
I guess 'gambler' suggested the approval notice of the AP.

Anyway, the required documents at the POE could be AP, I485 receipt notice.

I-94 doesn't play any major role, if you have an approved visa but not stamped (H1B, L1 etc.) or if you have filed I485.

Legally, you should hand over the I-94 to the airline ticketing authority before you leave USA. They don't care if the I-94 is expired or not. They usually take it with them when they check the passport validity. I forgot to give it to them once and when I entered POE didn't question me. But after 9/11, I wouldn't bet on that scenario.
Click to expand...



....and to add that, you would be getting a new I-94 based on AP, stamped as 'Parolee'.
 
thx again for all the information, my lawyer says that the Advance parrol document is sufficent to enter the US.
he also said that I donot need the EAD or the copy of the 485 reciept, I would anyways be carrying it.

from the answers given by gambler, I do not understand what is approval notice of ap ... the AP is one single document that looks like a visa with your photograph on it ... My wife has two such documents which means she can enter USA twice ..

I have booked the tickets, comming back in Jan , will let you know what stamp and problems encountered if any ..

anyone else can share his valuable experience of using a AP.. please share ur views.
jan15
 
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