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  • B1/B2 visa holder married a US citizen

    Hello, I am Brazilian (25) and I recently married my US Citizen boyfriend on the 28th of January, 2017.

    We went to an USCIS office to ask about the Green Card process and they recommended us to fill up all these forms and send it all together:

    I-130 (prove of relationship)
    I-485 (adjustment of status)
    G-325a (background info - 2 for me 1 for him)
    I-765 (Employment Authorization)
    I-693 (Report of Medical Examination)
    I-864 (Affidavit of Support)
    I-131 (Travel document)

    My question is: I am graduating from my University in Brazil and my graduation party (which is a big thing is Brazil) is happening on the 08th of April, 2017. Could I go back to Brazil for that and return to the US on my Tourist Visa (B1/B2 - valid till 2023)? Or do I have to wait for a permit with the form I-131?

    And after we submit all the documents (we are planning on doing that till 02/17/2017) how much time it usually takes till I get a working permission? and the Green Card?

    Thanks you in advance,
    Marcos.
    Last edited by Marcos Linke; 02-09-2017, 05:24 PM.
    Marcos.

  • #2
    No. You cannot leave before you get Advance Parole or the green card, or you will automatically abandon your Adjustment of Status application.

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

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    • #3
      Originally posted by newacct View Post
      No. You cannot leave before you get Advance Parole or the green card, or you will automatically abandon your Adjustment of Status application.
      Thank you! That is frustrating, I don't get why I wouldn't be able to use my still valid visa to return...
      Marcos.

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      • #4
        Originally posted by Marcos Linke View Post
        Thank you! That is frustrating, I don't get why I wouldn't be able to use my still valid visa to return...
        1. Because the rule is that leaving the US will abandon AOS unless you have AP or H/L work status.
        2. You will be denied entry if you try to use a visitor visa to enter because you intend to use it to immigrate.

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

        Comment


        • #5
          Originally posted by newacct View Post
          1. Because the rule is that leaving the US will abandon AOS unless you have AP or H/L work status.
          2. You will be denied entry if you try to use a visitor visa to enter because you intend to use it to immigrate.
          Thank you so much again!

          Cheers.
          Marcos.

          Comment

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