Can I go out of US for a month and re-enter with B-2 while seeking green card via marriage?

[ragumagu]

Hello.

I am a citizen and just got married to a woman holding valid B-2 visa. The B-2 is still current and hasn't been 6 month since her entrance to US. We plan to seek her permanent residency, but my wife wants to return to her home country and re-enter US in about a month. Can she do that?

Or is it better to file for her green card after her visit to the home country?

While I understand it will be best for her no to go outside of US until she gets permanent residency, if possible, she'd like to visit her home country.

Your answer will be greatly appreciated. Thank you.

 

[Triple Citizen]

As long as it was not her intention to marry you and apply for a GC when she last entered the US on her B-2 visa, the best approach is to file for her AOS and secure her AP document. Once she has her AP document in hand, she can then visit her home country.

Or is it better to file for her green card after her visit to the home country?

While I understand it will be best for her no to go outside of US until she gets permanent residency, if possible, she'd like to visit her home country.

Your answer will be greatly appreciated.