I have an approved I-140 and the priority date is current. Can I apply for advance parole and then leave the U.S. to get married?

Answer

If your priority date is current, you can file the I-485 application and apply for advance parole travel authorization at the same time. (This, of course, is assuming that the job offer is still valid, etc.) You must wait for the AP to be approved prior to departing the United States. If you get married prior to the I-485 application approval, then your spouse should be eligible to obtain a green card as your derivative. If you travel on AP, however, you will not be able to bring your spouse to the U.S. on a derivative visa, such as H-4 or L-2, and your spouse will likely need to wait outside the U.S. until after your green card is approved in order to obtain a ‘following to join’ immigrant visa through consular processing. Further, if the I-485 is approved prior to the marriage, you likely would have to get married and then sponsor your new spouse under the family-based, second preference “A” (FB2A) category. (31.Aug.2015)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2015, MURTHY LAW FIRM. All Rights Reserved