RFE at interview

[JFMMZZ 0]

What a combination....we had interview....received RFE.....K2 visa holder turned 21 a few days after interview and she wants to go back to Russia for a visit and does not know when she will return.....my question is: she has AP so how long can she be out of the USA before returning and we are gathering the paperwork requested on the RFE and is it better to submit that RFE paperwork before or after she returns to USA? An attorney told us she can return in less than 60 days and the attorney also said it does not matter if her visit to Russia is before, during, or after RFE paperwork is processed. What are your opinions? We appreciate your comments very much.

[Usui Takumi 1,562]

As long as the AP is valid and there is no major overstay in the past then she's ok to travel. And I'd submit it before when feasible

Edited September 5, 2009 by lancer1655

[KarenCee 3]

What a combination....we had interview....received RFE.....K2 visa holder turned 21 a few days after interview and she wants to go back to Russia for a visit and does not know when she will return.....my question is: she has AP so how long can she be out of the USA before returning and we are gathering the paperwork requested on the RFE and is it better to submit that RFE paperwork before or after she returns to USA? An attorney told us she can return in less than 60 days and the attorney also said it does not matter if her visit to Russia is before, during, or after RFE paperwork is processed. What are your opinions? We appreciate your comments very much.

The parts bolded are important. The Advanced Parole document does have an expiration date on it. She should look for that and be sure she returns before the expiration date. Please read the instructions for the AP document found here