Married to US Citizen and applying for renewal of H1B

[h1btoresident 0]

Hi everyone,

My case is somewhat peculiar. I am on H1B status, and recently got married to an American citizen. We have not filed a petition for Alien Relative (Form I-130), mainly because it is cumbersome and we want to make sure we do it right. Since we had no plans to travel abroad, we thought we could take our time and enjoy our honeymoon here in the U.S before worrying about it.

We recently got back, and I was just told of a business-related trip that I need to go to. My H1B renewal was approved starting in September 2012, but I have not traveled abroad since this happened.

So, now that I need to travel abroad in less than two weeks, and there is no time to file the I-130 application and be granted Advance Parole, I am unsure of what the best strategy is. I will need to get a new H1B visa to re-enter the U.S, but I am not sure if the fact that I am married to a U.S citizen will cause any troubles.

Should I file the I-130 petition before traveling, or should I wait until I come back?

Thank you in advance. I will be happy to provide more details if necessary.

[h1btoresident 0]

Needless to say, I have plenty of evidence of our bona fide marriage. Immigration issues were the last thing in our minds.

[akihon 129]

H-1B holders do not need AP to reenter the country. You just have to get the stamp at a consulate. my understanding is that there are only three countries that would process your stamp - Canada and Mexico, and your home country. Otherwise, you might have a problem.

[h1btoresident 0]

H-1B holders do not need AP to reenter the country. You just have to get the stamp at a consulate. my understanding is that there are only three countries that would process your stamp - Canada and Mexico, and your home country. Otherwise, you might have a problem.

Thanks.. I only mentioned advance parole because that would be a possibility if I had more time. My previous visa expired, and I need to renew it.

[h1btoresident 0]

.. there are only three countries that would process your stamp - Canada and Mexico, and your home country. Otherwise, you might have a problem.

I didn't know that. Thank you. Fortunately, this trip is back to my home country.

[Boiler 43,362]

Well I have heard of people being stuck in AP getting a visa renewed. No idea how common this is.

[akihon 129]

Well I have heard of people being stuck in AP getting a visa renewed. No idea how common this is.

Administrative Processing, I agree. It was the reason why I didn't risk leaving the country while on H-1B. It's extremely random, you would have no idea if you get chosen for Admin Processing but you could be stuck outside the country for up to six months if you get hit.