Urgent!!!!!!!!!!

[AKish]

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

 

[5thYearNSC]

Re:

This issue is not all that easy. No wonder why no one is
willing to reply to you.

The risks are high. I have never come across this situtation
in the past 5 years of learning on immigration.

You would be better off, by consulting an attorney.

Please post your experience later.

 

[thukralrk]

Be very careful ...

Hi,

I alongwith my family went out to Canada while my AP was still valid. Canadian Immigration officer insisted on looking at our valid return papers as our visa had expired by then. Looking at AP they were satisfied and let us visit Canada.

I guess same might not be true in case when you're visiting India as you are citizen of India, and Govt. of India will not insist on you going back after entry to your homeland.

Nevertheless, in my opinion I would not take this risk of being out of the country while not having a valid re-entry permit.

The best I would do in such a case that I'll send my family first and I stay back waiting for AP to come through. Once I get the papers then I'll plan to leave country.

It is so possible that you may get your GC approved while your family is in India. In such a case I don't know as what would be the action required.

So plan things very carefully before taking any step further.

Hope this helps.

 

[nsc_green_card]

Travel

Hi Akish,

What is your wife's Visa Status? Is she on H4?

If your wife's H4 is still valid and she has her I-485 receipt notice, then she should not have any problem in travelling (even the AP is not approved). In my case, before I file for I-485, I asked this question to my attorney and she told that if you have valid H1 or H4 and I-485 receipt, then you can travel without any problem.

Thanks

 

[ssp_aks]

Hello Akish

If you have not used your EAD for employment then your H1 is the
valid legal status. In that case your wife's H4 is also valid legal
status. As long as H4 is valid, you can go and come back to US
anytime you want. It doesn't matter whether your I485/AP/EAD
is pending.

BUT, once you use your EAD for employment then your H1 is INVALID even if it might have two more years to expire.
In this situation, you and your wife have to have AP to reenter
US.

Hope it helps in decision making.

ssp_aks