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Posted

Hi everyone, I’m seeking advice on a tricky situation. My wife originally entered the U.S. on a G-5 visa, which is technically still considered active as far as we know. After we got married, we filed the I-485 for her adjustment of status. Currently, her I-485 is under active review by USCIS. However, her mother is critically ill in the Dominican Republic, and my wife is worried she won’t see her in time. We want to know what steps (if any) can be taken to allow emergency travel during this process. Does she attempt to travel on the G-5 (if it’s still valid), or does the pending adjustment change her status? I’m worried about leaving and disrupting the process. G-5 situations seem rare, and many lawyers don’t have experience with them. Has anyone faced something similar or have advice on how to handle travel or paperwork in this scenario?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Is she still working for her Employer

 

G5 is a non immigrant visa

 

Did you apply for Advanced Parole

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

@Boiler yes she is still currently working for the employer, and the plan is to apply for a EAP today since it seems that is the safest route at the moment. at least there we will have a appointment with the field office.

Filed: K-1 Visa Country: Wales
Timeline
Posted

AP is the way to go as G5 is non immigrant and I am not aware of any dual intent that would help out here.

Ohh is she used AP she will then need EAD to work on her return.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
3 hours ago, Flete_family said:

Does she attempt to travel on the G-5 (if it’s still valid),

No.  Leaving without approved AP will abandon her I-485, imo.  She needs approved advance parole.

Edited by Crazy Cat

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