Urgent!!!!!!!!!!

AKish

Registered Users (C)
Hey guys
Have any one travel outside the country, before AP was approved and come back after you receive new AP.
Here is my spouse case. We applied on AP renewal on Sept 4th, issue a RFE(marriage cert) on Nov 4th, satisfied on Nov 11th, Still waiting for approval. Her grand mother is sick and she have to go to India, Local INS will not give emergency AP, as CSC has already issue a RFE(Kinda stupid, but...) CSC can't expedite the process as grand mother is not immediate relative and it seems they have back logs in their mailing room and officer has not yet received the RFE document, which was sent by overnight mail(This are words of duty officer in CSC).
As this is the emergency scenario, I was THINKING what we will leave outside the country with current AP and I will back before our first AP expires and once I get her new AP, I will send it to India, so that she can come back.
So my question is Has any one took the risk of leaving the country and then coming back with approved AP, which will be mail to them in India? Do they cross verify at POE, when you left the country and when was your AP approved? Or do they add a entry some where while leaving outside the country that you have a AP plus the expiry date? Is there a huge risk that my spouse will not allow to enter?
Ur inputs will be appreciate.
Akish
 
She might be able to come in, but once her AP is to be stamped at the POE, anyone can notice that the entry stamp in India is early to the approval date on the AP. Also later when the GC is approved you have to submit all I-94s/APs/EADs/passport to the INS at the time of stamping so there is a chance that it could be noticed even then. The rule is clear: you do not leave the country with 485 pending unless you have AP ( if you have H1/H4 then you may ) also you do not leave the country even with AP if you ever have been out of status( this does not apply to your spouse...but I just mention it for completeness ).
 
Top