Due to family emergency wife (while pending application) left the US.

[ts64]

Hello
I have a question that I have not been able to get a straight answer to (I even called USCIS). I am an American Citizen (military) who is currently married to a Romanian girl. My wife initially got here on a b1/b2. After we got married I turned all proper paperwork in, however due to a family issue she had to return home shortly after. She had to go prior to getting the biometrics done. She has a 10 year visa and she didn’t overstay the 6 month period she was allowed to visit. Currently she in Romania (for about 2 weeks now) and we are looking the buy a plane ticket back. Will she be allowed to re-enter? Is her visa still valid? Will it matter that she is my dependent and has ID to prove it? I do know that there is a form that we could have applied for to allow her to re-enter while going through the application process, but time didn’t permit. If anybody could point me in the right direction it would be greatly appreciate it; if there is something I could read or someone I could get in contact with please let me know.

Thank you

[ExperienceIA]

When you say you turned all proper paperwork in, I assume you mean the I-130 and I-485... If so, it means that she has manifested a desire to immigrate to the U.S. and may be barred access, even if her visa is still valid. But customs officers have a whole lot of discretion, especially if her absence was very short and can be explained for "humanitarian" reasons (which may include family issues). Worst case scenario is you transform your case into a consular processing case, either for the green card or for a K-3 visa.

As for who you should contact, have you tried speaking with a lawyer? And, if so, what did they tell you?

[ts64]

thank you for the advice

When you say you turned all proper paperwork in, I assume you mean the I-130 and I-485... If so, it means that she has manifested a desire to immigrate to the U.S. and may be barred access, even if her visa is still valid. But customs officers have a whole lot of discretion, especially if her absence was very short and can be explained for "humanitarian" reasons (which may include family issues). Worst case scenario is you transform your case into a consular processing case, either for the green card or for a K-3 visa.

As for who you should contact, have you tried speaking with a lawyer? And, if so, what did they tell you?

Yes, correct the I-130, I-485, G-325, I-693, and I-864. I understand what you are telling me; that is pretty much the answer that I received from the lawyer; he recommended to also have some sort of proof with her in case they will ask. It just seemed to me like a huge gray area and i wanted to see if i could receive a more concrete answer. It just seems like I will not find out for sure until she will try to go throgh customs here. I will just buy the ticket and take it from there in case things don't go our way. I very much like to thank you for your advice and taking the time to write me.