Newark, NJ asked in Immigration Law for New York

Q: Will traveling after my husband starts the filing process affects my travel to the usa

I'm on a tourist visa and i recently got married to a us citizen. Can my husband start the filing before i go back to my country and will i be able to travel back and forth to the us?

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: How soon after you entered the country did you get married? This is very important. If you married within a very short time of entry (usually within 90 days of entry), USCIS will presume that you entered the country for the purpose of getting married and not to visit. There are ways to rebut that presumption however-that would depend on the unique facts of your case. If you married after 90 days of entry, then you can adjust status to get your green card here in the USA. If you want to travel back and forth, you will need to apply for an advance parole document. Retain counsel to handle the case from start to finish so that its done properly. Some of us charge very reasonable flat fees. Call to Discuss.

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