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Re-Entry on a Q1 Visa After Petitioning to Adjust States Based on Marriage

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  • 07-24-2017, 10:15 AM
    victorasksaquestion
    Re-Entry on a Q1 Visa After Petitioning to Adjust States Based on Marriage
    Hi there,

    I have a Q1 visa with an educational institution, which I have worked for over the past 1.5 years. I am in the process of getting a change of status through marriage, but my partner has to travel for work and will be out of the country for 4 months. I understand fully needing to wait for the travel authorization (Advanced Parole) or it will be considered abandoning the application –*but my question is related simply to my Q1.

    I am authorized to work for another year under the Q1; however, we have the summer off and I would like to join my partner. Simply based on the Q1 visa, would I be granted access back into the USA on my Q1 if I went? Keeping in mind that the Q1 will be valid long after my return.

    Thanks so much for any help in advance!
    (I know leaving means the USCIS application I-495 and subsequent materials will likely be invalidated; so no trouble on that front –*just being clear about the full context of the situation).

    :)
  • 07-26-2017, 08:08 AM
    Mr. Knowitall
    Re: Re-Entry on a Q1 Visa After Petitioning to Adjust States Based on Marriage
    A Q cultural visa is a non-immigrant visa. You have declared that you have intent to immigrate. If you leave before you have advance parole and then try to re-enter on your Q visa, you risk being denied re-entry.
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