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How can my wife travel with a pending I-485 and an I-551 from a pending I-829?

My wife is looking to travel out of the country to visit a relative, but our I-485 is currently in the interview stage. We know that if she leaves the country without an I-131 while the I-485 is pending, the USCIS will consider it as abandonment of the I-485 application. We have filed the I-131 and it has been pending for the past five months without any updates. My wife also has an I-551 from a pending I-829, with her mother being the principal petitioner and my wife the dependent. Can my wife travel without jeopardizing the I-485 application?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This scenario is somehow conflated in that you said she has "a pending I-485 with an I-551 from a pending I-829," which is rather unusual. The filing of I-829 shows she is applying for permanent resident status moving from a conditional status. If she has filed I-829 she would have had her conditional status extended by at least a year and she would have been able to travel in and out of the country without filing I-131. Thus, I-485 should not be in the picture at this moment. Advisably, consider consulting an attorney to sort out the facts and planning of your wife's trip.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The facts you have provided here are a little blurry. The pending I-829 means that your wife already has a conditional green card. With that, she should be able to travel as long as she will not be away for a long time. She does not need to file Form I-131 to get a re-entry permit for travel that will be less than one year. On the other hand, the filing of I-485 complicates things. I am not sure what that does to her existing conditional green card as a dependent of her mother. To be safe, you should consult an immigration attorney who should analyze her case in its entirety.

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    Charles Foster

    Immigration Attorney
    Answered on

    It is not clear the basis of her I-551 evidencing her conditional lawful permanent residency, but if in fact she is already a CLPR and there is no issue regarding same than she could safely travel abroad and be readmitted to the U.S. with her valid I-551 stamp.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Not sure how a permanent resident can file an I-485. She needs to surrender her old green card first. Seems you need to consult with a professional. She can travel on the I-829 with her stamp, but the travel from the pending adjustment should not be approved since the adjustment is defectively filed.

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