Travelling with AP - Urgent

apol

Registered Users (C)
Gurus

I need your suggetion on my wife travelling.


1) her I 485 Adjustment of status was applied on july 16 2004(Recieved date) and July 20 is noticedate

2) and her AP travel document is aproved on 10/6/2004 (she left the US before AP aproval)

3) she doesnt have H4 visa now. she can go to counslate and attend for visa but it will be late, i am expecting my 485 aproval anytime.


she is planning to come here for fingerprints. what problems she may face at Port of entry with AP.

what is the best way to travel? with AP or (postpone fingerprints and attend fot H4 visa then travel).

Thanks,
 
Best and onlynoption I see for her is obtaining H4 visa because she left prior to AP approval. With H4 , there shouldnt be any issues at the POE
 
Best and onlynoption I see for her is obtaining H4 visa because she left prior to AP approval. With H4 , there shouldnt be any issues at the POE
 
She can use AP.

I do not think there is any impact of her leaving the country before her AP approval. I believe she can use AP like any one. She was here when you filed her 485 right? If yes I do not see any problem. She can use FP. Why dont you send a Private Message to Jharkhandi or Ginnu or United Nations?

Good luck.

karns said:
Best and onlynoption I see for her is obtaining H4 visa because she left prior to AP approval. With H4 , there shouldnt be any issues at the POE
 
For an AP to be valid it must be applied AND approved while applicant is in US. If an applicant leaves before AP approval that theoratically means she / he abondoned the application for AP. Now, at POE the inspector may be lenient and still allow her to enter on AP, eventhough it was approved after she left US.

But, that would be taking a risk. I concur with Karns that you are much better off by applying for her H4. For her and your peace of mind get her an H4 visa. Even if she is approved before she enters US, POE inspectors will allow her in with a H4 visa.
 
Defenately there is an impact , she left before her aproval so she can not use her AP to enter into this country. Better to send her to H4 stamping
 
apol said:
Gurus

I need your suggetion on my wife travelling.


1) her I 485 Adjustment of status was applied on july 16 2004(Recieved date) and July 20 is noticedate

2) and her AP travel document is aproved on 10/6/2004 (she left the US before AP aproval)

3) she doesnt have H4 visa now. she can go to counslate and attend for visa but it will be late, i am expecting my 485 aproval anytime.


she is planning to come here for fingerprints. what problems she may face at Port of entry with AP.

what is the best way to travel? with AP or (postpone fingerprints and attend fot H4 visa then travel).

Thanks,
If she had H4 when she left US, then she should be fine to enter on AP.
 
Thank you for immediate response. she left US on July 23 2004, and she had visa till Jan 1st 2005.
 
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