Travel with AP while I-485 pending

D

DKSearch

Registered Users (C)
My spouse's I-485 is pending. Since my H1B is gone, my spouse has no status other than that of pending immigrant as an H-4 is no longer valid. Is it correct that my spouse can travel out of US with AP (AP was already approved) regardless of my spouse's visa status?

Thanks much
 
The advance parole is for travel

AP is applied along with I485 to travel outside USA when the case is pending. You don't need any non-immigrant status to travel when you have AP. Just confirm with others/attorney too before travel.
 
DKSearch said:
My spouse's I-485 is pending. Since my H1B is gone, my spouse has no status other than that of pending immigrant as an H-4 is no longer valid. Is it correct that my spouse can travel out of US with AP (AP was already approved) regardless of my spouse's visa status?

Thanks much
Click to expand...

Assumptions:
- your spouse's 485 petition is still pending and her status is AOS (adjustment of status)
- she has a valid approved AP

Based on the above assumptions, her immigration status is AOS (interim status before she gets her gc). The approved AP lets her travel in and out of US.

So, I don't see a reason why your spouse should not travel.

If there are more facts and any of above assumptions are not completely correct, then you should post all those details.

You should also consult an immigration lawyer or the legal representative for your spouse's petition if your case has other issues.
 
srikvln said:
Assumptions:
- your spouse's 485 petition is still pending and her status is AOS (adjustment of status)
- she has a valid approved AP

Based on the above assumptions, her immigration status is AOS (interim status before she gets her gc). The approved AP lets her travel in and out of US.

So, I don't see a reason why your spouse should not travel.

If there are more facts and any of above assumptions are not completely correct, then you should post all those details.

You should also consult an immigration lawyer or the legal representative for your spouse's petition if your case has other issues.
Click to expand...

I concur with user 'srikvln'
 
Where did your H1B go???:D:D

If your wife's I-485 is pending and AP is valid then she can travel.

DKSearch said:
My spouse's I-485 is pending. Since my H1B is gone, my spouse has no status other than that of pending immigrant as an H-4 is no longer valid. Is it correct that my spouse can travel out of US with AP (AP was already approved) regardless of my spouse's visa status?

Thanks much
Click to expand...
 
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