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How can my foreign national wife safely travel internationally and return to the U.S. without a green card.

Los Angeles, CA |

My wife is a Korean national and we wish to travel and return the U.S. without issues.

Facts:

Student Visa 2007 from American Embassy in Korea

Work Visa with sponsor 2009 from the company she works for.

H1-B Visa with same sponsor 2010 (expires sept. 2013) from her company (NOT from American Embassy in Korea!)

Married to U.S. born citizen 2012

Purchased flight ticket to visit family in Korea March 25th 2013 to return April 13th 2013. (We were led to believe if this would not be a problem because her H1-B visa does not expire prior to her return but are now uncertain.)

How can we ensure safe return unhindered to the United States?

Attorney Answers 3


  1. I take it your wife has an H-1B visa stamp issued by a U.S. consulate other than Seoul, Korea. Most likely from a US consulate in either Mexico or Canada. That is OK.

    Your wife will be able to return and be readmitted in H-1B status if she can demonstrate to the satisfaction of the CBP officer upon her arrival at the airport that she is still in valid H-1B status. To that effect, she should have a letter from her H-1B employer confirming that she is still employed. including her title, job duties and salary. She should also carry with her a copy of her latest tax returns, as well as W-2 and last 3 pay stubs from work. She will then be readmitted in H-1B status without any problems, married to a USC or not. (She should not volunteer to provide all the above documentary evidence to the CBP officer upon presenting herself for inspection, and only do so if asked.)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Nothing in immigration is risk free. The risks would be minimal if either you have started the green card process and she travels with advance parole, or if she obtains an H-1B visa stamp to return to the US.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. If your wife has an H-1B visa, she should have no problem traveling internationally.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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