Charlotte, NC asked in Immigration Law for North Carolina

Q: I'm US citizen. My spouse is in the US with valid I94. If we file I-130, is it safe to travel outside for 2 weeks?

My spouse get tourist visa before we've got married 4 years ago, and was visiting the US about 5 times since that, never work in US and never over stay. The visa is still good for the next 5 years. Is there anything else what could create an issue to reenter US after I-130 is filed? Is it mandatory not to go out of country while I-130 is processing? Do we need to lookup for traveling permit?

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2 Lawyer Answers
Kelli Y Allen
Kelli Y Allen
Answered
  • Immigration Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: More information is needed to provide an answer. It depends on what type of visa your spouse used to enter the U.S. , whether it is still valid, and what the future intentions are regarding case processing. As a general answer, if by "safe" you mean guaranteed to be able to re-enter the U.S. in two weeks, that answer is no. No foreign national is ever guaranteed entry into the U.S.

1 user found this answer helpful

Nazanin Ghazi
Nazanin Ghazi
PREMIUM
Answered
  • Immigration Law Lawyer
  • Sherman Oaks, CA

A: Unless your husband has a currently valid visa allowing him to re-enter, the answer is probably no. Additional information is needed to give you a solid answer. To be safe, it is best to consult with an immigration attorney where you provide all the details of the case, before he leaves the US in order to know whether he will be able to re-enter without any issues. Simply filing an I-130 Petition on his behalf does not grant him any specific benefits and definitely no re-entry to the US based on the filing of an I-130 Petition. As stated by previous attorneys, no foreign national is ever guaranteed entry into the U.S. Good luck!

1 user found this answer helpful

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