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rsan_76
03-27-2012, 01:47 PM
i am the primary applicant for the employment based green card. my wife is a derivative applicant.

my wife has travelled to India on advance parole and stayed in india for 4 months. While she still is in India, her GC got approved and i received both of our GCs in the US.

I am planning to visit India next week and hand over the green card to my wife. At that time we both are planning to return to US with the green card.

I would like to know whether my wife can show her greencard to Immigration and explain them that her green card got approved while she is india and my husband gave my greencard to me.
or she has to use her Advanced parole.

Thank you in advance for your reply!

nlssubbu
03-27-2012, 02:13 PM
i am the primary applicant for the employment based green card. my wife is a derivative applicant.

my wife has travelled to India on advance parole and stayed in india for 4 months. While she still is in India, her GC got approved and i received both of our GCs in the US.

I am planning to visit India next week and hand over the green card to my wife. At that time we both are planning to return to US with the green card.

I would like to know whether my wife can show her greencard to Immigration and explain them that her green card got approved while she is india and my husband gave my greencard to me.
or she has to use her Advanced parole.

Thank you in advance for your reply!

If GC is approved when she is away, then it is better to enter using the AP rather than entering using GC. All our family members were in similar situation when we got our GC and my attorney insisted to enter using AP at that time. Once she entered, she can then use GC to go out and comeback without any issues.

Thanks