Returning to home country with no visa?

[kristidef 0]

I came to the USA on a J-1 Visa and then got married to a US Citizen. We haven't applied for the green card yet, but the agency I came through cancelled my VISA after I got married. I need to go home for an emergency and I thought I could just go - Is this not the case? I know coming back will be an issue, but I will sort that out later, for now I need to know how I can get home with no visa, but a passport, and a marriage certificate.

[Harpa Timsah 13,258]

You are always free to leave the US.

To come back, you will need a spousal visa.

[kristidef 0]

So I can leave without a valid VISA? He is actually going to be joining me on a VISA in my home country. But I definitely won't have any problems leaving the states without a valid visa? I know to get into my home country I need my passport which is exactly what I have.

[Harpa Timsah 13,258]

We don't require exit visas in the US. Only entrance visas. Anyone can leave the US at any time.

[kristidef 0]

Even if my VISA is cancelled?

[Asia 2,498]

Yes. Even if your visa is canceled.

[JohnR! 5,495]

Even if my VISA is cancelled?

There is no USCIS check upon leaving the US. You are free to leave.

[Harpa Timsah 13,258]

Even if my VISA is cancelled?

Yes! How many ways do you want us to say it?

[ryna 132]

You are free to go back to your home country at any time; however, expect about a 1 year processing time (give or take a few months) for a spousal visa to return to the U.S., assuming all other eligibility requirements are met.

[NigeriaorBust 4,087]

That assumes she doesn't have a bannable overstay

[ryna 132]

That assumes she doesn't have a bannable overstay

That's what I meant by "other eligibility requirements." I just wanted her to understand that it's not as simple as USC spouse + marriage certificate to get a spousal visa for a return.

[TBoneTX 45,522]

*** Thread moved from Off Topic forum to General Immigration Discussion. ***

[NickD 203]

Wife was concerned about the health of her mom. Good reason for us to spend our honeymoon filling out immigration papers and paid extra for that I-131 travel document and that EAD card. Was taking over a year to get a green card. After two weeks from sending our applications in, she received her travel document, but took another four months to get her EAD card so finally good add her to my bank accounts, can get an SS number with that.

Old boy scout training, be prepared for situations like this. A good question as to whether the USCIS would put an I-551 stamp in her foreign passport that must also be current. Could try an infopass appointment for that and attempt to explain your emergency situation.

We had to do that, but for other reasons, her conditional green card was long expired and her one year extension was about to. So with that I-551 stamp in her current valid foreign passport she was free to work and travel.

Like others have said, can leave at any time, but coming back can really be a major problem.

[newacct 688]

Even if my VISA is cancelled?

A U.S. "visa"'s sole purpose is for entering the U.S. It is irrelevant for staying in the U.S. or leaving the U.S. It is possible that they also cancelled your "status", which would affect your staying in the U.S. Like others have said, there is nothing preventing you from leaving the U.S.

That assumes she doesn't have a bannable overstay

If she entered on J-1, she almost certainly was admitted for Duration of Status, which means she cannot possibly have bannable overstay, barring an immigration judge ruling.

[kristidef 0]

I am legal in the states now because I am married to a US citizen. They only cancelled it after I got married. The plan is for me to get a visa for my husband to come to RSA so we can get married there too and he can start living in RSA.