Travel while 485 pending

G

Ganesh Tayi

New Member
Need Help Folks !!
My I-485 was filed in April 2000. I had the finger prints taken in the 1st week of April 2001. In between, I got married and my Wife\'s adjustment of status was just filed, a week back(She has a valid H4 Visa). Now, there is a family emergency that needs her presence back home. Can she leave the country?

My lawyer adviceher not to leave the UUS. till she gets the receipt for her Adjustment of status application. However, some other lawyers have aadvicehat it is OK to leave the country as long as she has a valid Visa with multiple entry. Now I am in a dilemma. Have any one of you been in this situation or do you know which way is correct.

Please Please Please Respond.

Regards,
CT
 
No Title

Need Help Folks !!
My I-485 was filed in April 2000. I had the finger prints taken in the 1st week of April 2001. In between, I got married and my Wife\'s adjustment of status was just filed, a week back(She has a valid H4 Visa). Now, there is a family emergency that needs her presence back home. Can she leave the country?

My lawyer adviceher not to leave the UUS. till she gets the receipt for her Adjustment of status application. However, some other lawyers have aadvicehat it is OK to leave the country as long as she has a valid Visa with multiple entry. Now I am in a dilemma. Have any one of you been in this situation or do you know which way is correct.

Please Please Please Respond.

Regards,
GT
 
No Title

Ganesh,

Your wife can go to her home country. I filed my I-485 on March 30, 2000 and went to India on April 4, 2000 and came here on April 30, 2000. I did not have I-485 receipt at that time and I did not have any problem entering here. As long as you have a valid H1 or H4 visa, it is fine. If you are afraid to do so, you can ask her to wait in India for some more time until you get the receipt and then fax it to her, something like that.

Generally the problem occurs when one\'s green card is approved while he/she is away from US and they try to re-enter USA on a valid visa (such as H1B). Even in that case they will temporarily parole you and ask you to get your passport stamped and come back to the airport and report to INS officials in airport and show the stamped passport to them.

Hope this helps.
 
You must log in or register to reply here.
Top