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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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Old 05-20-2008, 03:42 PM
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Default Expedited AP - does it exist?

My wife filed for I-485, AP and EAD at the beginning of May. Her file was received by INS on May 14 and we just got receipts. She plans to leave on May 22 to go to her country and come back on July 9, 2008. She has a valid H4 and I have a valid H1B valid until September. I will be leaving later in June and come back shortly after that with her in New York city on July 9. The chances of her GC getting approved are petty slimmed but my I-485 (I filed last August) could get approved while I am outside the country. I have AP and could enter with or without the greencard document however my wife is another story because she derives the status from me (h4) and her AP is not approved.

What happens if my GC gets approved days before July 9? Is there a way to get an expedited AP if my GC gets approved as her H4 would get invalidated if my GC gets approved?

Has anyone else been in a similar position?
Thanks in avance!
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  #2 (permalink)  
Old 05-20-2008, 03:53 PM
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Default Only in case of emergency

Expedited AP exists in case of emergency. If someone has medical or some other kind of family emergency they can take an appointment with local IO and I think get an AP ( I have read about such cases but would be better to confirm ).

A question - if she has filed as a derivative based on your I-485 why do you think that your GC might get approved while you are out of the country and not hers. I think for families if she is a beneficiary on your application then both of you would get your GC at the same time. Just my opinion.
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Old 05-20-2008, 04:25 PM
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Default

Quote:
Originally Posted by hpandey View Post
Expedited AP exists in case of emergency. If someone has medical or some other kind of family emergency they can take an appointment with local IO and I think get an AP ( I have read about such cases but would be better to confirm ).
Will Look into this. It's not an emergency though. It's just vacation. Not sure if that counts....

Quote:
Originally Posted by hpandey View Post
A question - if she has filed as a derivative based on your I-485 why do you think that your GC might get approved while you are out of the country and not hers. I think for families if she is a beneficiary on your application then both of you would get your GC at the same time. Just my opinion.
We got married last Sept and after our marrige my PD was no longer current so she is still on H4. She could just file I-485 this may. My I-485 has been pending since last Aug. I had assumed that she would need to have her biometrics taken (which took a couple of month for me to have appointment) and after that her case could be adjudicated if PD is current. My friend had a similar case where his GC got approved while his wife's followed shortly after. According to INS website my case is still pending in Nebraska while my wife's file was forwarded to Texas (TSC). This leads me to believe that each case is adjudicated separately. Anyone has been in a similar situation before?

What makes you think that dependend cases are adjudicated at the same time?

Thanks!
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