QUESTION
Can I stay in the US while my green card is being processed?
Asked on Jul 29th, 2011 on Immigration - New York
More details to this question:
I am going to be getting married to my fiance in either September/October of this year.(I-129 F has been approved already) I was wondering if she would be required to stay in the US while the work visas and green card are in process or if she would be allowed to go back to her country during that time.
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Your fiance visa is only good for 90 days and typically a single entry. Once you are married and file for permanent residency you will request a work and travel card while waiting for the PR card. Once you get the travel permit you may travel but will need to return to the U.S. for the PR interview.
Answered on Aug 22nd, 2011 at 8:44 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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If you have the application for residency pending, she may not leave the US unless you have applied for advance parole.
Answered on Aug 16th, 2011 at 2:55 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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She should wait to get her advance parole travel authorization before leaving the US. She applies for this at the time she files the application for permanent residence.
Answered on Aug 13th, 2011 at 9:50 AM
Immigration Law Attorney serving New City, NY
at
Law Offices of Jaclyn M. Miller, P.C.
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She will need to file for an advance parole document which will allow her to travel out of the US while her adjustment of status is pending.
Answered on Aug 12th, 2011 at 10:09 AM