How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107180
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I jut got married to an US citizen and plan to travel to My

Customer Question

hello . I jut got married to an US citizen and plan to travel to My country ( Ukraine ) i would like to know if it is safe to leave for 3-4 weeks and then re-enter on B2 visa while waiting for my i-130 and i-489 forms to be approved? or what can i do. I plan to leave the country in a week and thought to file I-130 and I-489 right before i leave . please advice
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, it is not. Once the I-130 and I-485 are filed, you show immigrant intent. If you leave the U.S. before an I-131 Advance Parole is approved, you abandon the I-485 and you would not be let back in on a visitor visa because of immigrant intent. So you will need to file the I-130, I-485, I-131, I-765, I-865 and I-693 together AND you must wait for the Advance Parole to be approved before you leave the U.S.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

Please let me know if you have any additional questions as I will be happy to respond, but because this case is the type of case that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I cannot discuss pricing on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all at very reasonable prices. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But PLEASE remember to leave a positive rating for me. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

Customer: replied 9 months ago.
Hi,
Thanks for te reply .
What if I have to leave ? Would you tha recommend to leave and file when I'm back in 3-4 weeks ?
I travel for work also so literally can't sit still for 9 month while I-130 will get approved .
What are my steps ?I'm ik filing all the paperwork myself to eliminate additional
Lawyers fee, but need guidenessThanks
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

I have options for just reviewing and guiding that are economical but can only discuss them if you accept the Premium Service offer. As to your other question, if you do not file anything AND they don't look into your background to see that you married a U.S. Citizen, you may be able to come back using the B-2, but it is risky. If they see that you married a U.S. Citizen or they don't like that you are coming back so soon and start asking you questions about your intent and discover that your true intent is to petition to stay, one of three things can happen:

a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.

b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.

c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver.

So be careful.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 9 months ago.
I still don't underwear what is my option if I do have to travel now for 3-4 weeks
I'm also pregnant if that makes a difference
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

You don't have any safe options and it doesn't matter that you are pregnant. Let me be clear:

1) If you file all the paperwork now, it will probably be 3 to 5 weeks before you can travel. You can try to expedite it, but I doubt they would unless you have an emergency reason. Here are two links:

http://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

2) You don't file anything now and you travel as you had normally planned but you risk not being able to come back on the B-2 visa. If you aren't allowed back in, your spouse will have to file a K-3 or CR-1 visa for you to come back and that can take 6 to 9 months or more while you are stuck outside which means your child will most likely be born outside of the U.S. and will have to go through additional processing to get U.S. Citizenship.

Those basically are your two options. I wish there was a convenient option, but there is not.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.

Expert:  Jen Marie, Esq. replied 9 months ago.

.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello Jose. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

Related Immigration Law Questions