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  1. #1
    Join Date
    Dec 2009
    Posts
    5

    Question Wife is Here on H1b, Wants to Become Permanent Resident

    My wife is a French citizen who works here in the U.S. on an H1B visa. I have filed an I-130 petition for permanent residency. Do I need to also file a I-485?

    Also, we would like to travel outside of the country next summer, if the I-130 petition has not been processed, will she be allowed to leave and re-enter the United States?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wife is Here on H1b, Wants to Become Permanent Resident

    Most applicants simultaneously file the I-130 and I-485.

    As the H1B is a dual intent visa, it's not fatal to her visa that she's now showing intent to immigrate. Thus, as long as she remains in status under her H1B, up to the point that she seeks AOS, she should be able to travel on her H1B. After that time, it's a gamble to travel on her H1B and it thus makes sense to seek advance parole before traveling internationally.

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