H1b Visa Traveling out of country?

Question

I am going to marry a non-US citizen with a H1b visa currently in the United States. She wants to go back and visit China for 2 weeks, and I've heard that after marriage, we could apply for an advanced parole so she can leave and be able to come back. However, I've also heard advanced parole was only meant for emergencies.

Would there be any problems with us marrying, but not have her apply for a green card and instead go back to China and come back still using her current visa? Is this the best option?

Thanks.

Answer 1

She can use her valid H1B to travel regardless filing of Green Card.

Once I-485 is filed it is advised to travle with Advanced Parole (AP). However, the approval of Advanced Parole takes some time, about 3-5 months and it has be filed with I-485 in her case. Since the H1B is dual intent visa, meaning it is non-immigrant visa with the intent of immigrant visa.