Wife in India, AP expiring, advice please

V

vpenmatsa

New Member
:(
Our AP is expiring on 1/30 .
Renewal RD is Nov 5 , so, am not expecting till another 2 months

My wife has to be in india in Feb . I'm planning to apply for Emergency AP(mother serious) . Even if it gets approved , my Lawyer says that my wife has to come back before 1/30 . Lawyer says that if she does not come back before 1/20, then BCIS will treat as her I-485 abandoned.

Is that correct ?

What options do I have ?

Thanx.
 
Yes your Lawyer is correct. Please write the details like your current status.

If you are on H1 then she can come on H4.
 
A person needs to be physically present in USA when the AP is approved in order to use that AP for future use.

If your wife is out of town, and her AP is approved, you can't mail it to her and she cannot use that for re-entry. If the Immigration officer at the POE finds out that she was out of town, he can deny her entry to US, and also her case can be considered abondoned.

This is my understanding so far, but you can ask other people, and if your lawyer said that she has to be here before 1/30 then I would take my lawyers advice over anyone in this forum.

Take tammy's advice, if you have H1, have her come back on H4. If not, then it is better that she comes back here.

I am sorry to hear about your emergency situation, and it sucks that she has to come back just for the AP, it is ridiculus, but...
 
---- Guju you are correct

A person needs to be physically present in USA when the AP is approved in order to use that AP for future use.

If your wife is out of town, and her AP is approved, you can't mail it to her and she cannot use that for re-entry. If the Immigration officer at the POE finds out that she was out of town, he can deny her entry to US, and also her case can be considered abondoned.
 
Last year, I had the same situation. My wife's visa got expired. But I had my AP got approved after talking to the Immigration officer. She was physically present in USA when we had our AP's approved . But she did not have one when she left to India. Later on I had them posted to India and she is back to US. But in your case as your wife had already used her EAD, I think she totally lost her H4 status and she is purely holding the 485 adjustment status. But I wonder why she would not be able to use her renewed AP once she has an approved one in her hand......and I wonder how it would affect her 485 status.
 
Doesn't matter if she had used her EAD in the past, if you are still on H1 status, then she can re-apply for H4 Visa, or re-enter on H4 visa if he visa stamp is valid.
 
“A person needs to be physically present in USA when the AP is approved in order to use that AP for future use.”

Guys, how about this scenario?

I have a valid AP, I travel to oversea and at the same time, I am applying for the AP renewal.

During the time I am outside of US, the new AP gets approved.

Then I come back to US with the current valid AP and get the new AP.

My question is can I use the new AP in the future or not?

I thought it is OK before I saw this thread.
 
That is tricky

"A Person needs to be in US when the AP gets approved"

As I said my wife is in india now, will return last week of Jan(on existing AP) to avoid any problems.
But, according to the above Rule , I will not be able to request the 'Expedite Approval' until she arrives !!!

Is that correct ?

Thanx so much all of you .
 
No one asks you for anything while you go out of the country
except for the I-94. I was wondering as to how would INS know that you are with in USA or out of the country. As it had worked in my case, I dont see any problem once you have the AP's in your hand physically and if you are able to post them back to your wife in India. Better let her attend her brothers marriage before she could come back.
 
From the I-94 departure receipt, the INS will know when the person left the country, plus if the officer is really anal, he can check the passport, and he can see the entry stamp to India and can deduct when the person left US.

Sure you can take the risk, and lot of times, the officers will over look small details too, but the question you need to ask yourself is "Is this worth the risk?" and "Are you willing to take the risk?"
 
Don't take chances at the airport - if the AP is approved while she is outside the US, the Immigration Officer can deny entry, period.

The INS policy is not necessarily very clear on this issue, but don't take the risk. Your wife could be facing deportation or abandonment of I-485 which is serious.

All travelers returning on AP are questioned separately in the secondary Inspection office, and so far this month they have been quite rigorous in their interrogation.
 
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