6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

I've heard different answers on this topic so I thought I would pick everyone's brain here:

After we get married in the U.S. (he's a U.S Citizen and I'm Canadian) we were wondering how we could go about having a honeymoon outside of the U.S. Such as the Bahamas.

We've been told different stories i.e. you can't leave the U.S. until you get your Green Card, etc.

Any info would be great!

Thanks!

I've heard different answers on this topic so I thought I would pick everyone's brain here:

After we get married in the U.S. (he's a U.S Citizen and I'm Canadian) we were wondering how we could go about having a honeymoon outside of the U.S. Such as the Bahamas.

We've been told different stories i.e. you can't leave the U.S. until you get your Green Card, etc.

Any info would be great!

Thanks!

Thanks for all the replies....

Yes the key to this is like you guys said, I can go anywhere for the honeymoon BUT coming back for re-entry is the issue. Point taken. he he he

Re: U.S. Islands for honeymoon - I've heard some ppl have had problems coming back in because it wasn't part of the mainland? I wouldn't mind the U.S Virgin Islands....Hawaii seems a little too commercial...we wanted something very intimate.

5.12)...Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole?

A...Maybe not a wise thing to do. Even though these islands are US territories or possessions, you may have to deal with Immigration and Customs to get back to the United States. You might have trouble getting back home if you encounter an insane USCIS (INS) inspector, plus, there are too many opportunities to "technically" leave US jurisdiction (by visiting the adjacent islands, for example). Best to take the honeymoon somewhere in the 50 States, where there is plenty to see and do.

A..Let me make it as clear as it was explained to me and which the regulation bears out: So long as the K-1'er does not depart ("depart" is also defined in the reg.) the US after making a legal entry s/he can travel to any other location which includes the USVI, PR, Guam, Hawaii, and Alaska.
The inspector I spoke to gave clear examples. (My alien fiancée) can enter the US and we can fly directly from the mainland to the USVI. We can go wherever we want on the islands so long as we don't "touch" ground or water not under US jurisdiction. When we leave she shows her K-1 and I-94 to immigration (which shows she legally entered the US) and off we fly directly to the mainland. However, if while we are there (USVI) we decided to take a trip to the British islands then she would be denied re-entry. I know I used "directly" in this example but we could fly "outbound" mainland-PR-USVI and "inbound" USVI-PR-mainland without fear because in this case she never "departs" the US.
Inspectors (both mainland and USVI) told me that this is not an unusual occurrence. They see K-1'ers all the time.

I haven't been to either, but Molokai or Lanai would not be as commercial as the bigger Hawaiian islands. I just read an article about Molokai that almost made me want to go there for my honeymoon. Another option is taking the honeymoon sometime after the wedding. I know many people who have done this even without immigration issues just because they had more time for it later on.

I'm rooting for you to go to Hawaii! I've been to Maui, the Big Island and Oahu. You can find small out-of-the way places in any of those islands and you'll have a great time. Look for the "Maui Revealed" or "The Big Island Revealed" books at your library-they are GREAT resources to help you plan. IM me if you'd like more Hawaii tips.

You could always go to a really private resort spa type place in Arizona.

I'm rooting for you to go to Hawaii! I've been to Maui, the Big Island and Oahu. You can find small out-of-the way places in any of those islands and you'll have a great time. Look for the "Maui Revealed" or "The Big Island Revealed" books at your library-they are GREAT resources to help you plan. IM me if you'd like more Hawaii tips.

Thanks for all the replies....

Yes the key to this is like you guys said, I can go anywhere for the honeymoon BUT coming back for re-entry is the issue. Point taken. he he he

Re: U.S. Islands for honeymoon - I've heard some ppl have had problems coming back in because it wasn't part of the mainland? I wouldn't mind the U.S Virgin Islands....Hawaii seems a little too commercial...we wanted something very intimate.

Hawaii is wonderful, although it's too long a trip for us since we'll be coming direct from Brazil. One of my coworkers, though, who married a guy from India, was told that they couldnt go to Hawaii on his visa because of something like "it's the last stop before leaving US territory" or something odd like that. Rather, they could go, but he might not be able to return. Anyone else heard anything like this?
We'd love to go to PR but cant' find any good flights or resorts there.

was told that they couldnt go to Hawaii on his visa because of something like "it's the last stop before leaving US territory" or something odd like that. Rather, they could go, but he might not be able to return. Anyone else heard anything like this?

Hawaii is wonderful, although it's too long a trip for us since we'll be coming direct from Brazil. One of my coworkers, though, who married a guy from India, was told that they couldnt go to Hawaii on his visa because of something like "it's the last stop before leaving US territory" or something odd like that. Rather, they could go, but he might not be able to return. Anyone else heard anything like this?
We'd love to go to PR but cant' find any good flights or resorts there.