Dependent (H-4) has spent most of her time outside the U.S. due to personal reasons. Would this impact our I-485 approval?

Answer

There are no rules regarding the amount of time the H-4 can spend outside the U.S. The important issue is to properly file the I-485 while the person is in status, and answer any RFEs etc. It is best to keep the advance parole active so that there is a way to return to the U.S. in case the H-4 is not an available option (such as if the primary’s I-485 gets approved). (12.Jan.2015)

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