Leaving The U.S. After Marriage and Filing For Adjustment Of Status
Before my finacee and I were engaged she had a USA B1/B2 VISA/BCC which expires in 2010.
When we got engaged we were thinking to get married in 3 to 6 months.
But After I started to investigate the immgration process... and I found out that the cost of submitting forms will triple after July 27 2007.
So now we are considering to get married this weekend with the justice of the peace so that we may fill out the I485 and I130 before July 27th 2007 so we can save approx. $2000.
But my concern is when we get married this weekend ... and submit the forms will she then be prevented from leaving the country?
The problem is we will like to have the religious wedding in Mexico and just a party in the USA.
Re: Leaving The U.S. After Marriage and Filing For Adjustment Of Status
If she wishes to leave the country after filing for adjustment of status, she should file an I-131 petition for advance parole.
Re: Leaving The U.S. After Marriage and Filing For Adjustment Of Status
My concern is that if she filed a I-131 petition for advance parole ... she might get denied and planning the wedding in Mexico would fall apart because she wouldn't be able to leave.
Re: Leaving The U.S. After Marriage and Filing For Adjustment Of Status
Then she should stay in the U.S.
Re: Leaving The U.S. After Marriage and Filing For Adjustment Of Status
The problem you face is now that you are engaged, or even if you marry first, then leave the country, upon her return immigration would think she would need a Fiancee or spouse VISA.
If she came back into the coutry using her B1/B2 visa while engaged or married, Immirgration probably would consider that fraud, since you should have a Fiancee or Spouse Visa
So if you marry and apply before the fee increase, you should expect for her not to be able to return from out an out of county trip until she recieves her permanant residency card, which can be anywhere from 3 months to a year.
The other option mentioned is after you apply, then also apply for advance parole, but that will also probably take a little while to process.