My wife is a Korean national and we wish to travel and return the U.S. without issues.
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?
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)
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600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0
Web: www.shusterman.com (English)
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.)
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.
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