B1/B2 girlfriend visited me from Mex and got married!! help

[Alz 0]

My wife (girlfriend at the time) got vacation from her job and came to visit. We are only 15 minutes apart because we live on a bordertown. She has been depressed because she had a miscarriage and it hit us hard. To cheer things up and look forward to a bright future we decided to get married all of a sudden and bring some happiness!

Can she go Back to her house in Mexico and re-enter if she needs to get things or feed the dog or put her job on standby. I have completed the packet for change of status for a green card. Does she have to wait to get card or can she go to mexico and come back right now to take care of some issues? Thank you for the help!

[VanessaTony 3,567]

Nope. If she leaves she needs to wait for a spousal visa because she would be entering with immigrant intent which is illegal. She either needs to wait for AP or for the GC OR she leaves and you file for the CR-1 visa. She can visit while that is processing but will need to return to her home country for interview, medical etc.

So make your choice:

1. leave US, apply for immigrant visa, enter US on immigrant visa to get GC

2. remain in US, file for AOS/AP/EAD, leave to get stuff once she gets AP, return to US on AP and wait for GC.

[Harpa Timsah 13,258]

She cannot leave until she has her AP. If she leaves before then, her AOS will be abandoned and you will have to start over with a spousal visa. You said you have already applied for AOS, right? You said you have "filed for her greencard."

[Alz 0]

We are going to send packet Tomorrow. Not filed yet.

What is AP?

her job is the main concern. She needs to arrange something so they can put her on leave without pay until we finish process. She has a great job.

[Harpa Timsah 13,258]

AP is the I-131 application, which results in Advance Parole (AP). If you haven't filed yet, reread Vanessa's post above.

[Alz 0]

Thank you all!