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Sajha keto
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Posted on 12-24-16 9:03
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Hi All,
I and my wife are done with the fingerprint on 7th December. Our i-485 RD is 14th November. We have applied for EAD/Travel Document but we have not heard any updates yet. Now, My wife has come up with a situation back home to which she has to return back soon so we already booked a ticket for next week. She will not be returning for another 6 months. So, what we are thinking is if our GC gets approved by then, I will mail her card otherwise I will mail her travel document (hoping that at least her travel document gets approved without any issues). We are sure that she will not return back before 6 months but does it affect in GC approval or travel document decision if she travels before getting it approved?
We have to make quick decision as we have already booked ticket so would really appreciate if anyone has gone thru this situation and share the experience.
I checked with my attorney as well but she just said there SHOULD NOT be any issue. I posted same question to trackit as well but havent receive any response.
Thanks
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GirlBoss
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Posted on 12-26-16 7:20
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If your attorney said there's no issue, I don't see what the problem is. Your lawyer is more qualified than us regular people on sajha.
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nepalbanda
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Posted on 12-26-16 9:22
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My understanding is if you leave before your AP get approved, service center will assume you have abandoned your process. That's what I read some where. Do you own research...
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arbiter
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Posted on 12-27-16 1:43
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I agree with nepalbanda. Below is from the USCIS site:
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Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.
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https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel
If it is an emergency, I would apply for an expedited Advance Parole processing. I have heard of cases that have been approved within a week if the reason is a valid one.
Last edited: 27-Dec-16 01:45 PM
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Sajha keto
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Posted on 12-27-16 1:55
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Thanks guys for your input. Double checked with attorney giving the USCIS link and she told me that there is exception H visa. My wife holds H4 so she is fine to travel before getting AP
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