Urgent ..Out of status question...pl. help

B

Bhupender Singh

Registered Users (C)
I'm posting this question on my friend's behalf.
Here's is the secenario -: My friend is sole applicant and filed his/and his wife 485 six months back. however his wife is in India will be back only by June. She has has valid AP as well which last after June.
My question for Guru's is:
1.During the 485 wait time one has to be here present in the country.
2. Is my friend's wife will be out of status, if she stays in India for a while, if so how long she can stay out of country.
3. Or there's no problem at all.

Pl. answer these question asap, if someone knows.
 
Originally posted by sainI
I'm posting this question on my friend's behalf.
Here's is the secenario -: My friend is sole applicant and filed his/and his wife 485 six months back. however his wife is in India will be back only by June. She has has valid AP as well which last after June.
My question for Guru's is:
1.During the 485 wait time one has to be here present in the country.
2. Is my friend's wife will be out of status, if she stays in India for a while, if so how long she can stay out of country.
3. Or there's no problem at all.

Pl. answer these question asap, if someone knows.
Click to expand...

Since your friend and his wife have applied for a 485 they are Adjustment of Status applicants. They're in status till their case gets adjudicated. Since the wife is a derivative applicant and has a valid AP she can stay in India as long as her AP is valid. It's better not to cut it too close though. There's a problem only when you leave the US without an AP, that's when it is considered that you have abandoned your 485. But since she has an AP she's fine. Hope that answers your questions.
 
I agree with mavishka your friend is getting worried for no reason. As long as she has a valid AP she can stay outside the US.
 
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