Leave US while waiting for Green Card's approval

M

Mila T

New Member
I have so many confusions upon applying green card,

1. how long it really takes to get a green card through marriage to USC? Most say 4months, some say 9months, some say 1 year and etc. I know there is no definite answer to this question, but will the time range be between 4-12months?
2. Can I go back to my own country during green card's processing? Am I able to come back to US without any risk? Will my absence cause any delay in the processing? If it will, how much delay it will cause?
3. Now I am under H1B visa and my visa wont expire till Dec 2011, some told me I can still re-enter US without my H1B visa but I would have quit my current job by then, am I still able to come back with my valid work visa?

Thank you all for your precious info and warm helps!
 
As you were in valid H1-B status when you filed for adjustment you can travel on a still valid H1-B or on an Advance Parole (I-512) based on the pending I-485. Did you file an I-131 for Advance Parole with the I-485? If yes, did you get it yet? If no, you still can apply with just a copy of the I-485 receipt and no additional fee. You should not depart until AFTER you get fingerprinted for the adjustment process, if you fail to get fingerprinted they will deny the I-485 as abandonded, re-opening is possible or re-filing is allowed if still present, or once again, in the U.S. following a lawful entry. Do not depart without either a valid H1-B or Advance Parole, if you do, the I-485 is deemed abandoned and denied, no appeal or re-opening, refiling is allowed following a lawful re-entry on your renewed H1-B.

It seems that most offices are at about 4 months, some more, some could be sooner. Check the processing time posted for your local office on the website www.uscis.gov
 
The typical time frame for GC based on marriage to USC is 4-6 months if processed entirely inside the US via adjustment of status; 6-12 months if done outside the US through a consulate. But there are some lucky and unlucky souls whose cases take shorter or longer than usual.

You will need either advance parole or a valid H1B to exit and return to the US while the green card process is pending. If you return with H1B you must still have the same job open to you. If you leave the US having neither H1B nor advance parole, your I-485 will be cancelled.

Alternatively, you could choose consular processing (see question 22 of the I-130) instead of I-485/adjustment of status. That way, leaving the US doesn't require having any special document to avoid cancellation of the GC process, and you would interview for the GC at the consulate (normally without your spouse) instead of inside the US (both you and your spouse must interview if done inside the US).
 
Jackolantern said:
Alternatively, you could choose consular processing (see question 22 of the I-130) instead of I-485/adjustment of status. That way, leaving the US doesn't require having any special document to avoid cancellation of the GC process, and you would interview for the GC at the consulate (normally without your spouse) instead of inside the US (both you and your spouse must interview if done inside the US).
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Consular processing option is not available for US citizen's spouse who has overstayed his status over 180 days, correct? Such person should select AOS and not leave the US until his GC is approved?
 
N-400Houston said:
Consular processing option is not available for US citizen's spouse who has overstayed his status over 180 days, correct? Such person should select AOS and not leave the US until his GC is approved?
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Correct, but the OP has a valid H1B, so I didn't mention overstay consequences here.
 
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