QUESTION
Will I have to go back to my home country while my green card application is pending?
Asked on Jun 28th, 2013 on Immigration - California
More details to this question:
My current H1B visa is valid until 2015. I'm getting married to an American citizen later this year. I intend to apply for a green card through marriage right after the wedding. I also plan on leaving my current job soon after the wedding. My question is, if my green card application is pending when I leave my job, would I have to go back to my home country to get another visa such as a visitor or spouse visa? Or can I continue to live here in the States until I hear about my green card decision which as I understand could take up to 9-10 months? Any suggestions are welcome. Thank you.
3 ANSWERS
No, you do not have to go outside the US. Once you are married and file for your adjustment of status to permanent residence on the basis of marriage to a US citizen, you will be able to complete the entire process within the U.S.
Answered on Jul 16th, 2013 at 9:17 PM
File the I-485 along with the I-130 and you should be able to stay here to get your green card.
Answered on Jun 28th, 2013 at 11:19 AM
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No, you will not have to go back to your home country while your application is pending. You can stay in the US throughout the processing of your Lawful Permanent Residency.
Answered on Jun 28th, 2013 at 11:06 AM