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Can I go for a honeymoon to my home country using my tourist visa after being married to my US citizen husband?

South Pasadena, CA |

I am currently on an H1B visa but my employers just cancelled it a few days ago. I will be getting married next week with my fiance who is a US citizen. We plan on going to my home country for our honeymoon after marriage. Aside from my work visa, I still have my tourist visa which is still valid for another 8 years. Can I use that to travel while my green card application is still in process?

Attorney Answers 4


No if you leave the US while your application is pending it will be deemed abandoned and you will not be allowed back in unless oyu have advanced parole. if oyu come back on your B2 you will have to start the process again and it is immigration fraud to come in on a B2 visa with intent of staying permanently.

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No you cannot use the tourist visa. You must apply for parole and wait to leave until it is granted. Do not sacrifice your amp illite to return to the US for your honeymoon.

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I wouldn't. You'll have a hard time proving your non-immigrant intent considering that your recent marriage to a US citizen. Wait, file your adjustment of status, apply for a travel document. First, consult with a lawyer to make sure everything is kosher in your and whether hiring a lawyer would help you avoid mistakes and jeapardize your case. Talk to the lawyer about issues when traveling.

If you've already filed and leave the us without permission to travel, my colleague is right - your adjustment petition will be deemed abandoned.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Please visit our website at For questions or to schedule a consultation, please call 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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I agree with my colleagues, I wouldn't leave until either you have obtained an advanced parole or until you receive your green card.

The information on this website is not intended to be legal advice.

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