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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 01-18-2009, 01:56 AM
Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
01/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Mar 2006
Posts: 47
achu can only hope to improve
Default Can wife stay in India for more than 6 months while 485 is pending?

Can wife stay in India for more than 6 months while 485 is pending?

What she have now is an approved AP till 2009 december.

thanks
achu.
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  #2 (permalink)  
Old 01-18-2009, 02:06 AM
Member
Priority Date
:
Mar-03
Category
:
EB2
I140 Mailed Date
:
04/04/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
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Join Date: Jul 2007
Posts: 64
chris has a little shameless behaviour in the past
Default

She can stay till Dec 2009.


Quote:
Originally Posted by achu View Post
Can wife stay in India for more than 6 months while 485 is pending?

What she have now is an approved AP till 2009 december.

thanks
achu.
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  #3 (permalink)  
Old 01-18-2009, 02:09 PM
Senior Member
Priority Date
:
Jul-05
Category
:
EB2
I140 Mailed Date
:
07/10/2005
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
09/25/2005
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Join Date: Mar 2006
Posts: 279
DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute
Default

She can stay as long as she wants, but it is finally up to the port of entry officer to decide to let her in or not depending on reason for staying outside (while 485 is pending) is valid or not. After all AP is supposed to be used only for emergency situations.

Quote:
Originally Posted by achu View Post
Can wife stay in India for more than 6 months while 485 is pending?

What she have now is an approved AP till 2009 december.

thanks
achu.
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  #4 (permalink)  
Old 01-20-2009, 04:16 PM
RDB RDB is offline
Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/19/2007
Compare
Join Date: Apr 2008
Posts: 90
RDB is a name known to all RDB is a name known to all RDB is a name known to all RDB is a name known to all RDB is a name known to all RDB is a name known to all
Default

That is true, however, from what I have heard and seen - if the GC petition is through the husband and wife stays outside for an extended period of time, generally there are no issues at the POE.

If the person through whom the petition is filed stays outside for an extended period, they might have to answer some questions at the POE.


Quote:
Originally Posted by DSLStart View Post
She can stay as long as she wants, but it is finally up to the port of entry officer to decide to let her in or not depending on reason for staying outside (while 485 is pending) is valid or not. After all AP is supposed to be used only for emergency situations.
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