Can you take the GC to your spouse?

[Charles C 0]

We have applied for AOS and are waiting. Also applied for EAD and AP and there is some concern that even if using AP papers, my wife might be refused re-entry if she leaves the US to visit her home. (This is because of an extended time before getting the AOS process started. See other threads for info.) However, if we do not receive notice for an interview on AOS, I am wondering about the following...

Let's assume we are stuck in the non-interview, 6-12 month wait for a green card. And let's assume she travels (with AP) but for some reason is denied re-entry. If she returns to our home in Honduras and waits until the GC is processed, can I carry the GC to her and have her come home on it? The extended time out of the country would not be that terrible - we maintain the home in Honduras anyhow. So is there any reason she can't wait there as well as waiting here? For that matter, is there any reason not to go and I could take her AP papers down to her? Is there any reason she would need to be present in the US while waiting? We have done the biometrics and I am not clear on if any more in-person interviews are required. It seems to be that you either get an interview request early or not at all...

Just wondering about timing and process. Thoughts are appreciated. We will not do anything until she receives her AP, but if she is denied re-entry I am trying to assess options. Not trying to game the system here - just trying to help a very homesick spouse...

Charles

[Harpa Timsah 13,258]

No. She won't be denied entry, unless she has become inadmissible for a GC, such as being out of status for over 180 days. If she is refused entry on the AP she will not be approved for a GC, because they will have determined that she is ineligible for it.

I see from your timeline that you waited a year to file AOS. Sorry, but she cannot use AP. There will be a warning right on it about it.

Edited April 20, 2013 by Harpa Timsah