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Travel on AP with I-485 pending after visa has expired

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  • Travel on AP with I-485 pending after visa has expired

    Hi all,
    Today, I received an e-mail notification that USCIS has mailed out my AP/I-131 approval notice. I plan on a trip in August. I have a couple of questions and hope someone in the forum can help me with.
    1- I applied for I-130, 485, 765, 131 on 6/1/09 (family-based). My F-1 visa expired on 6/13/09 as I graduated from my university that day (that's the expected date on my I-20 for me to finish my study so I guess it's the expiration date of my visa). I got the receipt notice for all 4 forms. Am I considered "overstayed"?
    2- People mentioned "copies of AP" a lot in this forum. How many will USCIS actually send out to me?
    3- Will USCIS send out decision about I-485/ notice for interview date etc, while I'm outside of the US on my AP? If so, what should I do?
    Whoever spends the time and effort to answer these questions will be much appreciated.
    Thank you so much.

  • #2
    1. No
    2. 2-3
    3. You have to return immediately to attend the GC interview and it is suggested not to postpone the interview or stay outside US for a long period on AP.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thank you

      Thank you so much txh1b.
      By the way, would 12 weeks be too long to stay outside of the US on AP?
      I applied for everything on 6/1/09. I also plan on being out of the US from 8/5/09 to 11/05/09. That'd be 5 months after they receive my application and 3 months being outside of the US on AP. Do you think they will send out the decision or call for interview before then? Because the USCIS website said the processing time for I-485 after 4/30/09 is 6 months.
      Thanks again txh1b.

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      • #4
        Family based cases are adjudicated quickly and you might have to be prepared to return back and have someone check the mail in US for the interview notice from USCIS.

        3 months out on AP is not bad but it depends on a whole lot of things. For example, how long you have been married etc. It could raise a flag if you were married for 2 months, left the country after applying for a FB GC and stayed away for a long time, returned just in time for an interview.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          ur great

          Thanks again txh1b.
          We'll make sure someone does it for us. And my husband will be traveling with me, plus we'd been married for 10 months before we even got around to applying (I know, I procrastinate).
          I hope we'll be fine.
          Thanks a lot again.

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