Marriage after arriving on tourist visa

[Igor&Veronika 1]

Hello everybody.

My friend had entered the USA 6 months ago with a Tourist Visa and a month after got married. Her husband has applied for adjustment of status and in Novemeber she suppose to get a temp. green card. In a week they are going to a trip abroad but I believe she can't reenter the US border with her tourist visa?! I assume her tourist visa after adjustment of the status due to a marriage has been automatically annuled and she just needs to wait a green card. Does anybody know how it works?

Thank you in advance

[belinda63 3,041]

If she leaves the US without either her green card or her advance parole she will be considered to have abandoned her adjustment of status. They will have to start over with a spousal visa.

[Ian H. 207]

Hi,

Your friend was supposed to apply for AP (advance parole). This document allows a person with a pending AOS to travel outside the US. As mentioned above, if she leaves the US, her AOS application will be considered abandoned and she won't be able to reenter without a spousal visa. Unless the trip is for an emergency, she won't be able to get an expedited AP. So she has to postpone her trip until after she gets her AP, which can take up to 3 months.

[Igor&Veronika 1]

Even though she has a tourist multy-visa till 2019?

[kcoyclay1 98]

Even though she has a tourist multy-visa till 2019?

It's not about multiple entry. That is no longer in effect. She is no longer seen as a tourist but an immediate relative. When her hubby filed she received an immediate visa number from the USA. She cannot use her visa from another country to travel and she cannot just leave and re-enter the US while her application is pending. AP is only granted for certain classes of visas and the B2 visa isn't one of them. If she leaves, it cancels her adjustment application. She needs to stay put or she can risk being banned from the US for 10 years if her I-94 has expired. Her hubby cannot just repetition for her under another category. He will have to wait until the ban is lifted.

When did she file? Did she pass her interview and is awaiting her GC? If she hasn't had her interview then she is awaiting her EAD and she cannot travel on that. She just need to wait until she gets her GC. She is allowed to travel within the US though.

Edited September 27, 2014 by kcoyclay1

[Igor&Veronika 1]

Got you. Thanks a lot.