Tk

I'm currently in the US on an H-1B visa. I have not been abroad yet
to get the stamp in the passport, so as it is now, I cannot re-enter
the US. I am about to get married to my American girl friend of 7
years, and we will go on a cruise for our honey moon, which means I
will leave the country, and need to re-enter. How long does it take
after that she files the I-130 until I can travel freely on vaccation?
Can I re-enter right away, or is there someother paper I can file
that would let me re-enter, or ??? I basically want to know if it
would make sense to get the visa stamp in the passport, and re-enter
that way. Would the visa even be valid if my wife-to-be files the
I-130?

Thanks,

Hnchoksi

    >Subject: How long
    >From: [email protected] (TK)
    >Date: 6/23/03 4:58 PM Eastern Daylight Time
    >Message-id:
    >I'm currently in the US on an H-1B visa. I have not been abroad yet
    >to get the stamp in the passport, so as it is now, I cannot re-enter
    >the US. I am about to get married to my American girl friend of 7
    >years, and we will go on a cruise for our honey moon, which means I
    >will leave the country, and need to re-enter. How long does it take
    >after that she files the I-130 until I can travel freely on vaccation?
    > Can I re-enter right away, or is there someother paper I can file
    >that would let me re-enter, or ??? I basically want to know if it
    >would make sense to get the visa stamp in the passport, and re-enter
    >that way. Would the visa even be valid if my wife-to-be files the
    >I-130?
    >Thanks,

You should file I-485 as well as advance parole and EAD forms. It will allow
you to travel and work while your application is being processed. This is
assuming that you were never out of status.

Sylvia Ottemoeller

"Hnchoksi" wrote in message
news:[email protected]...

    > >Subject: How long
    > >From: [email protected] (TK)
    > >Date: 6/23/03 4:58 PM Eastern Daylight Time
    > >Message-id:
    > >
    > >I'm currently in the US on an H-1B visa. I have not been abroad yet
    > >to get the stamp in the passport, so as it is now, I cannot re-enter
    > >the US. I am about to get married to my American girl friend of 7
    > >years, and we will go on a cruise for our honey moon, which means I
    > >will leave the country, and need to re-enter. How long does it take
    > >after that she files the I-130 until I can travel freely on vaccation?
    > > Can I re-enter right away, or is there someother paper I can file
    > >that would let me re-enter, or ??? I basically want to know if it
    > >would make sense to get the visa stamp in the passport, and re-enter
    > >that way. Would the visa even be valid if my wife-to-be files the
    > >I-130?

    > You should file I-485 as well as advance parole and EAD forms. It will
allow
    > you to travel and work while your application is being processed. This is
    > assuming that you were never out of status.

You would be filing the I-130 simultaneously with the I-485, I-765, and
I-131, at the BCIS district office.

http://www.shusterman.com/aos.html gives the usual waiting times for the
I-485 (filing to interview), the I-131 (advance parole document, which must
be approved before she sets foot off of U.S. soil), and I-765 (to get the
EAD, authorization to work).

You may be better off leaving the U.S., getting your H-1B stamp, re-entering
the U.S., marrying, going on the honeymoon, returning, and then filing the
I-130/I-485 etc.