Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

A: The spouse of a US citizen may be sponsored for a green card. The spouse may apply for advance parole to travel abroad while the adjustment of status is pending.

A: If the two of you marry while he is in the United States in H-2B status, in addition to you filing a Petition for Relative on his behalf, he, barring any possible ground of inadmissibility for which there is no waiver available, could file contemporaneously an Application to Adjust Status, an Application for Employment Authorization and an Application for Advance Parole. The Advance Parole is a travel permission, which enables one to travel abroad and to return to the United States without the act of departing constituting an abandonment of the Application to Adjust Status. It would be crucial that he not depart the United States unless and until the Advance Parole is approved or the Application to Adjust Status, whichever occurs first. Given what can be lengthy processing times, relative to his expectation of when he might like to travel abroad, consider scheduling a consultation with a competent and experienced immigration attorney who can explain the process in greater detail. Moreover, a good attorney will ask a series of questions to make sure no grounds of inadmissibility apply to your spouse-to-be and, if any do apply, will explain whether a waiver may be available. Many attorneys offer online video consultations in the event you find one that may not be close in proximity to where you live.

A: If you’re a US Citizen, then after marriage you can sponsor him for his green card and he can adjust status to get the green card which takes about twelve months here in Florida. If he wants to travel outside the US, he will need to file for “advance parole” with his application but that usually takes 10 months to get approved unless there’s an emergency. If there’s an emergency like a family illness back home, the USCIS field office will most likely expedite processing which would take a few weeks.

A: * If your fiancé is an Irish citizen and you get legally married in the US, he can travel freely to and from the US after the marriage. As the spouse of a US citizen, he would be eligible to apply for permanent residence (a green card) in the US.

* Some key points:

* Since your fiancé entered the US on an H-2B temporary work visa, he would need to maintain his temporary worker status until you get married. Once married, he can adjust status to permanent resident.

* After getting married in the US, your spouse can freely travel outside the US and return using his Irish passport. He would be admitted as the spouse of a US citizen.

* When he returns, he may be asked to show evidence of your marriage (marriage certificate, photos, etc) to prove he is the spouse of a US citizen. As long as you have a legitimate marriage, he should have no issues.

* Once back in the US after travel, he can then apply to adjust to permanent resident status (get a green card) by filing Form I-485. This may require some additional paperwork.

So in summary - yes, after you legally marry in the US, your Irish citizen spouse can travel abroad and return to the US before getting his green card. Just be prepared to provide proof of your marriage upon return.