Traveling outside U.S.

[Morgan41185 0]

My boyfriend is here in the U.S. on a work visa...which doesnt expire until December of this year. We want to get married, and were thinking about going to a Sandals resort or somewhere in Cancun. Would he be able to leave and come back into the U.S. while he is here on a work visa?? Thanks.

[Helen Louise Pile 80]

My boyfriend is here in the U.S. on a work visa...which doesnt expire until December of this year. We want to get married, and were thinking about going to a Sandals resort or somewhere in Cancun. Would he be able to leave and come back into the U.S. while he is here on a work visa?? Thanks.

If his work visa is multi-entry...sure!

However,

If you get married in Mexico, CBP may refuse him entry back into the US because they think he will stay and adjust his status.

If you plan to get married and adjust status and he is already in the US, you should stay in the US to protect that status. You are able to get married and adjust his status from here.

If you want to get married somewhere exotic, how about Hawaii?

Helen

Edited June 12, 2011 by Helen Louise Pile

[SimranS 9]

My boyfriend is here in the U.S. on a work visa...which doesnt expire until December of this year. We want to get married, and were thinking about going to a Sandals resort or somewhere in Cancun. Would he be able to leave and come back into the U.S. while he is here on a work visa?? Thanks.

If they marry in the US and apply for adjustment of status BEFORE leaving for Mexico, they can safely travel there and back without their AOS application being considered abandoned. One possible option could be to have a court marriage in the US and immediately apply for AOS, then go wherever they want for a honeymoon, as long as they carry proof (NOA1) of having already applied for AOS.

[Helen Louise Pile 80]

If they marry in the US and apply for adjustment of status BEFORE leaving for Mexico, they can safely travel there and back without their AOS application being considered abandoned. One possible option could be to have a court marriage in the US and immediately apply for AOS, then go wherever they want for a honeymoon, as long as they carry proof (NOA1) of having already applied for AOS.

Incorrect.

VJ guides for AOS:

http://www.visajourney.com/faq/k1k2visa-aos.html

"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. "

Also:

USCISinstructions for applying for Advanced Parole (section 3, E)

:http://www.uscis.gov/files/form/i-131instr.pdf

E: If you travel before the advanced parole document is issued, your application will be abandoned if,

1.You depart the United States.

2.The person seeking advanced parole attempts to re-enter the US before a decision is made on that application.

Traveling with your NOA1 for AOS will not allow you to re-enter the US as an intending immigrant. It'd be nice if it did though.

Edited June 13, 2011 by Helen Louise Pile

[Saddle Bronc 124]

If his work visa is multi-entry...sure!

However,

If you get married in Mexico, CBP may refuse him entry back into the US because they think he will stay and adjust his status.

If his visa is one which allows dual-intent (H1-b, O-1,...but not TN-1 or TN-2), this is non-issue.

If you plan to get married and adjust status and he is already in the US, you should stay in the US to protect that status. You are able to get married and adjust his status from here.

If you want to get married somewhere exotic, how about Hawaii?

Helen

[SimranS 9]

Incorrect.

VJ guides for AOS:

http://www.visajourney.com/faq/k1k2visa-aos.html

"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. "

Also:

USCISinstructions for applying for Advanced Parole (section 3, E)

:http://www.uscis.gov/files/form/i-131instr.pdf

E: If you travel before the advanced parole document is issued, your application will be abandoned if,

1.You depart the United States.

2.The person seeking advanced parole attempts to re-enter the US before a decision is made on that application.

Traveling with your NOA1 for AOS will not allow you to re-enter the US as an intending immigrant. It'd be nice if it did though.

My response was not incorrect, because this person is on a temporary work visa (H1 visa) and did not enter on a K1. Everything you said about needing AP is correct only if the person has entered on a K1 visa. The guide you quoted is the guide for AOS for K1/K2 visas only. You missed a very important point on the very first page of the USCIS AP instruction link you provided (point 3 under "What is the purpose of this form") which clearly states that an H1 visa holder who wishes to travel abroad and has applied for AOS does NOT need to apply for AP.