Traveling while waiting for green card

[slhanks 0]

I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

[Cyberfx1024 7,978]

Have you already filed for her green card?

[slhanks 0]

No not yet. I plan to do it Friday.

[Dingdupme 4]

I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

I know if she has a VISA and leaves the country that the VISA is revolked... Had a friends wife that came on a fiancée VISA... Her mom had a stroke while awaiting for her green card... She was told that if she goes back that they would have to start the whole process over again and that she couldn't return... She applied for a emergency waiver but it wasn't approved for 2 weeks... I would call the NVC TO MAKE SURE... In fact I would call twice to make sure if it's the same for a travel VISA...

[newacct 688]

I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

After submitting what application? Are you guys doing Adjustment of Status in the US or Consular Processing out of the US? If she leaves while Adjustment of Status (I-485) is pending, wihout Advance Parole, she will automatically abandon the Adjustment of Status. If she is doing Consular Processing, you could submit the I-130 any time (where she is doesn't matter). There is no rule that she cannot visit with an I-130 petition filed for her, but there is an increased chance she might be denied entry.

[aaron2020 11,651]

Hi,

When is she leaving?

Is she applying to AOS by filing the I-485? Or are you just filing the I-130?

If she is applying to AOS, is she applying for AP?

I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true? Depends on whether she will leave with AP or not.

Thanks you in advance,

S. Hanks

[slhanks 0]

I was going to file I-130 along with the I485 adjustment of status form. Sorry, I don't know what an AP is.

[aaron2020 11,651]

I was going to file I-130 along with the I485 adjustment of status form. Sorry, I don't know what an AP is.

When is she leaving?

[slhanks 0]

In October for a week.

[Darnell 8,478]

I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

yes, this is true. sorta. what's more true is that her adjustment of status casefile will be deemed abandoned, if she leaves prior to the greencard arriving in her hand.

[aaron2020 11,651]

You want to apply for Advance Parole (AP) with your filing. It's free with AOS.

It takes up to 90 days to get AP. She may not get it before her trip in October.

If she leaves with AP, she can come back to continue processing for her green card.

If she leaves without AP, then she can not come back until she has a spousal visa which takes 6-12 months. The I-485 will be abandoned.

Don't leave without AP.

Edited August 5, 2015 by aaron2020

[Ontarkie 13,904]

~~Moved to AOS from Work, Student and Tourist Visas, from National Visa Center (Dept of State)~~

[MacUK 983]

How long has she been in the US?

[Mike-eeh and Odie 192]

Her visitors visa was cancelled the moment she entered the USA on a K-1. You must apply for AoS and file for AP/EAD at the same time. Like ASAP if you want to possibly get the AP/EAD card by October (it can take up to 90 days after filing).

Without AP (Advanced Parole), she will not be allowed to re-enter the USA and you will them be stuck filing a I-130 and waiting a year to be with your loved one again.

[Teddy B 17,251]

Her visitors visa was cancelled the moment she entered the USA on a K-1. You must apply for AoS and file for AP/EAD at the same time. Like ASAP if you want to possibly get the AP/EAD card by October (it can take up to 90 days after filing).

Without AP (Advanced Parole), she will not be allowed to re-enter the USA and you will them be stuck filing a I-130 and waiting a year to be with your loved one again.

Doesn't sound like a K-1 case here. More like Marriage on a tourist visa and AOS.