Abandonment for Leaving w/10 Years Tourist Visa???

[ARIESGUY 0]

My new foreign wife has a U.S. 10 Years Tourist Visa and is in the U.S. now. It allows her to stay for 6 months each time, but she must leave for 6 months before returning. We are about to file the I-130 & I-485. Can we both leave the U.S. and return before she receives her temporary Green Card or will the application be consIdered as "ABANDONED" by USCIS and forcing both of us to remain in the U.S. until her Green Card is approved? Does anyone Know?

[SalishSea 18,462]

5 minutes ago, ARIESGUY said:

My new foreign wife has a U.S. 10 Years Tourist Visa and is in the U.S. now. It allows her to stay for 6 months each time, but she must leave for 6 months before returning. We are about to file the I-130 & I-485. Can we both leave the U.S. and return before she receives her temporary Green Card or will the application be consIdered as "ABANDONED" by USCIS and forcing both of us to remain in the U.S. until her Green Card is approved? Does anyone Know?

If she is currently in the US and wants to adjust from a tourist visa (legal as long as she did not misrepresent/lie about her intent when she arrived), you can file now.  She will not be able to work or return if she leaves without getting a work permit and advance parole.  Those are currently taking 8-12 months.  The green card itself is taking longer.

 

If she cannot stay for the entire time, you will need to petition her for an immigrant visa and she would be interviewed at a consulate.

[ARIESGUY 0]

1 hour ago, Jorgedig said:

If she is currently in the US and wants to adjust from a tourist visa (legal as long as she did not misrepresent/lie about her intent when she arrived), you can file now.  

She entered the U.S. to visit family like she has done a few times before. We dated during those times, and during this current family visit, we decided to marry shortly after her arrival. In other words, she told the truth upon arrival to the Immigration Officer at the airport, but then we married, which was not her original reason to enter the U.S. Will this cause a problem?

 

1 hour ago, Jorgedig said:

1 hour ago, Jorgedig said:

She will not be able to work or return if she leaves without getting a work permit and advance parole.

So is getting a work permit or advance parole hard, expensive and takes a long time to do to do?

 

 

1 hour ago, Jorgedig said:

If she cannot stay for the entire time, you will need to petition her for an immigrant visa and she would be interviewed at a consulate.

Should we select this option -- Can she still use her U.S. 10 years Tourist Visa to travel to the U.S. for 6 months, leave the U.S, for 6 months, then come back, while her Immigrant Visa application is being reviewed (for however long that process takes)?

 

Thanks for being so helpful!!!

[Dashinka 25,845]

2 hours ago, ARIESGUY said:

She entered the U.S. to visit family like she has done a few times before. We dated during those times, and during this current family visit, we decided to marry shortly after her arrival. In other words, she told the truth upon arrival to the Immigration Officer at the airport, but then we married, which was not her original reason to enter the U.S. Will this cause a problem?

 

 

 

Should we select this option -- Can she still use her U.S. 10 years Tourist Visa to travel to the U.S. for 6 months, leave the U.S, for 6 months, then come back, while her Immigrant Visa application is being reviewed (for however long that process takes)?

 

Thanks for being so helpful!!!

If you choose to take the spousal visa route and she goes back home and waits for this visa to be processed, she can still use her valid B2 visa to visit.  This is something every couple needs to consider when deciding between AOS (if this is even an option which it is in your case) in the US vs a spousal visa and consulate processing.  Since the EAD/AP is taking so long to process with the AOS option, this often adds into the decision.  
 

The one thing to keep in mind is abusing the B2.  The length of time a visitor can spend in the US is at the discretion of CBP, and if they start seeing a pattern that looks like a visitor is residing in the US on a B2, they can shorten the time, or even cancel the visa and deport the person.  The best advice is shorter visits to show that a visitor is not living in the US.

 

Good Luck!

Edited March 26, 2022 by Dashinka

[carmel34 3,741]

If you file for adjustment of status and include all the other recommended forms (see the guides), the work permit (EAD) and advance parole will take about 8 months.  She cannot leave the US or work until receiving the advance parole and EAD or the AOS application will be abandoned.  The green card will take a year or longer, depending on the specifics of your application and relationship evidence.  She should not leave the US until advance parole has been approved.  This advice is for adjustment of status.  If you choose consular processing abroad, she can visit for short periods if allowed entry by CBP as Dashinka just advised.  Good luck!

Edited March 26, 2022 by carmel34

[Chancy 6,247]

*** Moved from AOS from K1 Visas forum to AOS from Work/Student/Tourist Visas forum ***