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Clarification on F1 Visa stamping

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  • Clarification on F1 Visa stamping

    Hi,
    My wife and myself am planning to visit India in early Feb.
    We have applied for Advance Payroll in late december and not sure whether we will get the Advance Payroll documents in hands before Feb.

    My wife has recently converted her visa from H4 to F1, so if we go to India without the Advance Payroll documents, then she has to get F1 stamped. I wanted to know whether there is any problem in getting F1 stamped when we have applied for EAD.

    We have applied I-140,I-485,EAD and Advance Payroll.

    Thanks

  • #2
    First of all, it is called Advance PAROLE.

    Second, your wife will not be able to return on a stamped F1 visa to the USA.

    You two are pending AOS (i-485) and you either use an APPROVED Advance Parole (i-131) OR an L1-H1 visa to re-enter.

    If you leave without having one of those visas, or an advance parole document your AOS will be considered abandoned. You can not enter on any other type of non-immigrant visas either.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks for your quick clarification. From your description, I understand that my wife can travel to India only when she gets Advance Parole.

      If there are any suggestions to travel to India under such situation, please do let me know.

      Thanks again

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      • #4
        If travel is urgent, and you have proof of such urgency/emergency you can go to your local USCIS office through an Infopass Appointment and request your AP to be expedited.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          want some info regarding F2

          hi.....
          I am Prayag Patel doing MBA in Michigan. I came here in may 2007, Before coming to US i was married ( and that was register marriage) my wife will be applying as dependent (F2) shortly. So please let me know whether registered marriage will be a problem for the visa. What documents that my wife should show in support of the register marriage. Please help me out....

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