Re-entering the US during processing

[Allan Stephen]

Hello,

I am a UK citizen, who is a permanent resident of Canada, that is marrying my partner, a US citizen, on August. 15th in the USA. We plan on using the services of a lawyer immediately after our marriage so that I can obtain the ability to live and work in the US as we are planning on settling in upstate New York. I am a teacher and I wish to be able to work as soon as possible.

It is my understanding that the lawyer will file a I-130 and I-485 at the same time. I need to be able to travel to Canada for a week at the beginning of October. Will I be able to do so? I have a 2 year travel visa in my passport currently that allows me to enter the USA without any problems. Will the processing of the I-130/I-485 be a problem? What are my options.

Thank you so much for your help!



Allan

[rayb]

Allan,

Your attorney will need to submit an I-765 with your I-130 and i-485 package to get you a temporary Work Authorization before your actual Adjustment interview.

Your ability to reenter the U.S. during your processing may be denied if you report that you are being processed for Permanent Resident status and/or have married a U.S. citizen. An Advance Parole application, which should also be submitted by your attorney with form I-131, will get you permission to reenter the U.S., after you receive the combo EAD and Advance Parole card about 3 months after your documents are submitted.

--Ray B

Hello,

I am a UK citizen, who is a permanent resident of Canada, that is marrying my partner, a US citizen, on August. 15th in the USA. We plan on using the services of a lawyer immediately after our marriage so that I can obtain the ability to live and work in the US as we are planning on settling in upstate New York. I am a teacher and I wish to be able to work as soon as possible.

It is my understanding that the lawyer will file a I-130 and I-485 at the same time. I need to be able to travel to Canada for a week at the beginning of October. Will I be able to do so? I have a 2 year travel visa in my passport currently that allows me to enter the USA without any problems. Will the processing of the I-130/I-485 be a problem? What are my options.

Thank you so much for your help!



Allan