Emergency travel while in two year waiting period

[Kev&Pen 0]

I hope the title wasn't too cryptic.

My wife and I have been married for 1 year and she has had her green card for roughly 9 months. Is there anyway for her to legally go home to visit her sick grandfather before he passes or for the funeral if he does die? I know that on a K1 visa she is not supposed to leave the country until she gets her 10 year green card, but I was wondering if they would allow her to leave for sickness or death of extended family.

Thanks,

Kevin

[Ana&D 0]

Please fill in ur timeline to make it easier for us to help you. If you guys applied for AOS and received a conditional 2 yr green card she can go home for a visit without any problems. I did not understand what you meant by having to wait until 10 yr green card on K1

Edited August 21, 2008 by Ana&D

[pushbrk 13,616]

I hope the title wasn't too cryptic.

My wife and I have been married for 1 year and she has had her green card for roughly 9 months. Is there anyway for her to legally go home to visit her sick grandfather before he passes or for the funeral if he does die? I know that on a K1 visa she is not supposed to leave the country until she gets her 10 year green card, but I was wondering if they would allow her to leave for sickness or death of extended family.

Thanks,

Kevin

Somebody has severely mislead you. The green card she has now allows her to re-enter the US until it expires. As to how long she may remain abroad, google "maintaining permanent resident status".

[Dakine 26]

If she has her green card (even it it's a 2-yr conditional one) she can travel for a visit back home without any problems. Information about no permission to go abroad before 10 yr GC is not correct.

DITTO!

[rebelheart 0]

Your wife could go home and visit her relatives with her 2 yrs. conditional greencard. I just recently went back from my home country for 10 weeks visits. The Immigration officer in ATL as my point of exit, told me I am allowed to be out of the US for no more than 6 months. I bring with myself my 2 yrs greencard, a copy of our marriage certificate to support along with my passport that still in my maiden name.

And i safely back to US just having those documents.

God bless!

-rebelheart-

[Urge To Race 2]

Right. 2 year green card permits re-entry. Even before getting the 2 year green card she could have returned home to visit and re-entered the US if she had applied for and received advanced parole while her AOS was pending.

I hope the title wasn't too cryptic.

My wife and I have been married for 1 year and she has had her green card for roughly 9 months. Is there anyway for her to legally go home to visit her sick grandfather before he passes or for the funeral if he does die? I know that on a K1 visa she is not supposed to leave the country until she gets her 10 year green card, but I was wondering if they would allow her to leave for sickness or death of extended family.

Thanks,

Kevin

Somebody has severely mislead you. The green card she has now allows her to re-enter the US until it expires. As to how long she may remain abroad, google "maintaining permanent resident status".

[vanee 13]

My wife and I have been married for 1 year and she has had her green card for roughly 9 months.

I agree with what everyone wrote, but I'm wondering if you're talking about something other than the green card, such as the EAD. To get a green card 3 months after getting married on a K-1 visa is very fast. Can you tell us exactly what documentation your wife has?

[Kev&Pen 0]

Maybe I am confused. I was under the impression that she could not leave the country until she has had the conditions removed from her status if she arrived on a K-1 visa. That is to be accomplished before the two year mark on her green card.

I mis-spoke. We got married in June 2007 and she got her green card, after her adjustment of status, in November 2007. It actually took 5 months.

If what everyone is saying is true then she will be very happy to hear the news.

[Heliosphan 1]

Maybe I am confused. I was under the impression that she could not leave the country until she has had the conditions removed from her status if she arrived on a K-1 visa. That is to be accomplished before the two year mark on her green card.

I mis-spoke. We got married in June 2007 and she got her green card, after her adjustment of status, in November 2007. It actually took 5 months.

If what everyone is saying is true then she will be very happy to hear the news.

Hillary Clinton is that you?

A green card allows her to work legally and travel. There's no major difference between the conditional and 10 yr Green Card aside from removing conditions.

[Kev&Pen 0]

Nice dig Heliosphan.

Man have we been led astray. I either misunderstood (good possibility) or was misinformed (greater possibility) that my wife was basically trapped here in the US until the conditions of her status was removed and she got her 10 year green card. She will be happy to hear that she has the freedom to travel.

Are there any special documents that she needs to take with her if she goes, other than marriage certificate and green card?

Kevin

[Heliosphan 1]

Nice dig Heliosphan.

Man have we been led astray. I either misunderstood (good possibility) or was misinformed (greater possibility) that my wife was basically trapped here in the US until the conditions of her status was removed and she got her 10 year green card. She will be happy to hear that she has the freedom to travel.

Are there any special documents that she needs to take with her if she goes, other than marriage certificate and green card?

Kevin

a passport?

Seriously though... you don't need anything unless you plan to spend more than 6 months outside the US.

[Kev&Pen 0]

Thanks

[Kathryn41 3,205]

The confusion may have occurred from the initial entrance with a K-1 visa. As a K-1 she is not allowed to leave the US and return UNTIL she gets EITHER an Advance Parole OR her green card. The 2 year conditional green card is still a green card and proves that she is a permanent resident of the US and entitled to live and work in the US. The 'condition' on it is that it is for 2 years instead of 10 years and you both need to prove that you have a valid marriage before the 2 year conditional card expires in order to qualify for the unconditional 10 year card. For all other intents and purposes, the 2 year card is exactly the same as the 10 year card.

Your wife can definitely go back to her home country to visit with her family and see her ailing grandfather. She will need to purchase her ticket in the same name as is in her passport, and bring a copy of her marriage certificate if she uses a different married name on her green card, and her green card. Those are all she requires to leave and return to the US. She should stay away no longer than 6 months. I suspect the two of you are feeling much more relieved now. Good travels.

[mai mai 0]

I hope the title wasn't too cryptic.

My wife and I have been married for 1 year and she has had her green card for roughly 9 months. Is there anyway for her to legally go home to visit her sick grandfather before he passes or for the funeral if he does die? I know that on a K1 visa she is not supposed to leave the country until she gets her 10 year green card, but I was wondering if they would allow her to leave for sickness or death of extended family.

Thanks,

Kevin

[/quote

There is no problem in that,as long as she don't stay for over 1 year.She just need to show her green card and passport at the US immigration when she get back.

[manila_2005 0]

Your wife could go home and visit her relatives with her 2 yrs. conditional greencard. I just recently went back from my home country for 10 weeks visits. The Immigration officer in ATL as my point of exit, told me I am allowed to be out of the US for no more than 6 months. I bring with myself my 2 yrs greencard, a copy of our marriage certificate to support along with my passport that still in my maiden name.

And i safely back to US just having those documents.

God bless!

-rebelheart-

Hello Rebelheart,

May I ask if your name is printed on the GC? Is it your maiden name or married name? I put my maiden name in my AOS papers as written in my passport but I want to use my husband's family name. Pls advise. Thanks.