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Question related to Travel outside US with GC application ( I485) pending

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  • Question related to Travel outside US with GC application ( I485) pending

    Hello Friends,
    I am wondering if you can help me with the answer to my question -

    Question:

    My I140 for my green card is approved and I and my wife submitted the I485 , I131 and I765 in Jan 2017 , we had our fingerprinting done in Feb 2017 and
    after that we don't received any update on I485, I131 and I765 , My wife is planning to visit her home country in April but We have not received the Travel documents yet.
    Can you please confirm if she can travel without travel document?
    If she travels without getting the travel document, will it impact her GC application and will she be allowed to enter again in US?

    If she travels outside US with I485 in pending approval state and later if she is outside US and her I485 is approved , will she be allowed to enter US ?

    Thanks in advance,
    ostack

  • #2
    what visa status do you both currently have?

    Comment


    • #3
      Originally posted by ostack1 View Post
      Hello Friends,
      I am wondering if you can help me with the answer to my question -

      Question:

      My I140 for my green card is approved and I and my wife submitted the I485 , I131 and I765 in Jan 2017 , we had our fingerprinting done in Feb 2017 and
      after that we don't received any update on I485, I131 and I765 , My wife is planning to visit her home country in April but We have not received the Travel documents yet.
      Can you please confirm if she can travel without travel document?
      If she travels without getting the travel document, will it impact her GC application and will she be allowed to enter again in US?

      If she travels outside US with I485 in pending approval state and later if she is outside US and her I485 is approved , will she be allowed to enter US ?

      Thanks in advance,
      ostack
      She can NOT travel without travel document. She needs the Advanced Parole card which is what I131 is for. Usually they'll send EAD (form I 765) and there's ll be a line that says you can use this card fo re-entry. Without this card, she can leave, but she will not be allowed back.
      If she leaves without AP card, her AOS application will be considered as abandoned and she has to re-file everything. You can call USCIS to update on the status of her documents and check processing time to see what month they are working on.
      I do not know what will happen is she's outside and I485 is approved if she leave with no AP card. And that is if she doesnt get an interview request before they approve it.
      If she's outside and get interview date, she can reschedule or come back early to go interview. This is for the scenario when she has AP/EAD card
      Again, do not leave with no travel document.

      Comment


      • #4
        AOS will not be abandoned if the applicant travels abroad and returns with valid H or L visa, while remaining in the same H/L job

        Comment


        • #5
          Originally posted by inadmissible View Post
          what visa status do you both currently have?
          I am on H1B and my wife is on H4.

          Comment


          • #6
            Relying on H visa continuance is an unnecessary risk if you can wait for AP to be granted

            Comment

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