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  • UK citizen moving to US

    Hi,

    My girlfriend and i have been dating for a while and now we have decided to get married in the US. She's a British citizen and i'm a US citizen in Texas. I have two questions.

    1. Once i file for her petition can she travel back to UK while her case is pending.
    2. Can she travel to Canada after 90 days and re-enter US?

    Thanks.
    Shawn

  • #2
    Originally posted by shawnk View Post
    Hi,

    My girlfriend and i have been dating for a while and now we have decided to get married in the US. She's a British citizen and i'm a US citizen in Texas. I have two questions.

    1. Once i file for her petition can she travel back to UK while her case is pending.
    2. Can she travel to Canada after 90 days and re-enter US?

    Thanks.
    Shawn
    1. If she is doing Adjustment of Status inside the US (i.e. you guys file I-130 and I-485), she cannot leave the US until she gets her green card or Advance Parole, or she will automatically abandon her AOS. If you are just filing the I-130 petition and she will do Consular Processing abroad for an immigrant visa, yes, she can do that.
    2. no

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      UK citizen moving to US

      Originally posted by newacct View Post
      1. If she is doing Adjustment of Status inside the US (i.e. you guys file I-130 and I-485), she cannot leave the US until she gets her green card or Advance Parole, or she will automatically abandon her AOS. If you are just filing the I-130 petition and she will do Consular Processing abroad for an immigrant visa, yes, she can do that.
      2. no
      Thanks for you reply. Actually the second question was for her family. They should be able to re-enter for stay another 2 or 3 months?

      Comment


      • #4
        Originally posted by shawnk View Post
        Thanks for you reply. Actually the second question was for her family. They should be able to re-enter for stay another 2 or 3 months?
        Generally, going to only Canada, Mexico, or adjacent islands won't let you get a new 90-day VWP admission period. You would have to go to a country beyond those to potentially get a new 90-day VWP admission period.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          1. If she is doing Adjustment of Status inside the US (i.e. you guys file I-130 and I-485), she cannot leave the US until she gets her green card or Advance Parole, or she will automatically abandon her AOS. If you are just filing the I-130 petition and she will do Consular Processing abroad for an immigrant visa, yes, she can do that.
          2. no
          if i apply for her fiance visa (K-1) which seems to be a better option, can she visit US under VWP while her application is pending?

          Comment

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