Leaving/entering US with a valid tourist visa while green card application is pending?

Asked over 4 years ago - Miami, FL


I have a valid tourist visa (exp. 2018). If my American born U.S. citizen wife and I apply for a green card AFTER two years of marriage (we have been married for 21 months) and if we leave US while waiting for the permanent green card, would this create a problem for me when coming back to US?

Also any ballpark how long this whole process would take until I have the green card in my hand?

Last question is if NY is faster than FL for green card processing? Thanks very much! Have a great day to all!

Attorney answers (1)

  1. David J Cougle

    Contributor Level 13

    Answered . Wait a sec, are you in the U.S. now? Your wife is a citizen, right? Just have her file an I-130/I-485 concurrently as you are an immediate relative. An immigration attorney can complete the process for you.

    You don't have to wait 2 years to apply for a green card after marriage, that's when you apply to remove the restrictions of a marriage based green card.

    The answer given here should be considered general in nature and should not be considered legal advice, or that there has been an attorney-client relationship established. It is always suggested to retain the counsel of a lawyer for legal advice specific to your situation.

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