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Travel to India for marriage on H1B when Green card is in the last stage

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  • Travel to India for marriage on H1B when Green card is in the last stage

    I am in the US with a valid H1B status (need to be in India to stamp visa on my passport) and currently I am in the last stage of my Green card process with biometrics and interview pending. My Advance parole is also under process and I have not received the same yet. My parents have finalized a girl in India for my marriage which they want me to pursue at the earliest because once I get a Green card, getting her to the US I believe will be a difficult process.

    Have 3 questions
    1. Can I travel to India for my marriage now without Advance parole? Will this in anyway nullify my Green card process because I do have a valid H1B status document?
    2. Can I apply for an emergency advance parole with marriage as a reason? From whatever I have read, it needs to be a real emergency like a business meeting or death in family
    3. In case I do get my Advance parole and travel on that, will my wife be able to apply for H4?

    Please advise





  • #2
    Hi,
    Please see my response below.
    1. Can I travel to India for my marriage now without Advance parole? Will this in anyway nullify my Green card process because I do have a valid H1B status document?
    Answer: If you have a Nonimmigrant status and valid visa then you can travel with the help of that and it will not impact your Immigrant petition.
    2. Can I apply for an emergency advance parole with marriage as a reason? From whatever I have read, it needs to be a real emergency like a business meeting or death in family
    Answer: Yes. You are correct. The reason you mention will not come under Emergency.
    3. In case I do get my Advance parole and travel on that, will my wife be able to apply for H4?
    Answer: Yes. If you maintain H1B status then she can obtain H4 visa.
    Thanks

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