If I have an entry visa to the US, can I leave the country before receiving my green card?

Question

The type of visa my wife has is an immigrant´s visa, so she will definitely be getting a green card, however, we need to go out of the country approx 1 month after initiating the green card process.

Answer 1

no u cant until u ve received ur green card

Answer 2

If it's a K class visa then they tell you on the paperwork.  If you're already married when she comes in and you've just applied for adjustment then you can leave as soon as the proper green card shows up (about three weeks after the interview).  If she comes in and you get married in the US and the apply for adjustment then you get a temp green card and can't leave until after you've had the adjustment interview and got the perm green crad.  If you need to leave before then you can apply for "advance parole" o be able to enter and leave the US.  It can take anywhere up to six weeks to be approved, depending on where you are.

The USCIS website explains all this.  Check there, or get the last notice of action letter you got from USCIS and phone them with the ref number and the question and they'll tell you.

Answer 3

you would have to apply for advance parole. Most people apply for it some time after filing their adjustment of status (I-485).Don't worry it only takes a month to get it (through mail)

"Most aliens need advance parole to re-enter the US after travelling abroad who have pending applications for immigration benefits or for changes in nonimmigrant status. Any adjustment of status applicant who leaves the US without Advance Parole is automatically considered abandoning his her application for adjustment of status [permanent residency]"

Exceptions: Did your wife come in on a k-3 visa (not k-1 fiancee visa) or a V-2 visa or a L-2 or H-4 visa?

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I found this example on about.com

When Peter was applying for his green card, the waits were very long, often 2 years. During the process, he and his wife Jennifer wanted to go to Switzerland to visit his family. Peter therefore had to apply for advance parole with the USCIS so that, upon his return to the United States, he would be allowed in.

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How to apply for Advance Parole

Difficulty: Easy

Time Required: 1-45 days

File the form Form I-131 (Application for Travel Document).

Provide a good reason for why you must travel outside the country.

If you intend to travel more than once, don't forget to ask for a multiple-entry document.

You have to file the document in person at your local USCIS Office or Service Center.

In emergency situations, where you can provide a doctor's note or other very official proof that you need the advance parole immediately, you may get it the same day. Smaller offices can do this in non-emergencies sometimes.

Wait until you receive the document. If you travel outside the U.S. before you get the permit, you basically abandon your application with the USCIS and may not be permitted re-entry.

After you have received Advance Parole, put the document in your passport. You must still carry your valid passport as well.

Have a good trip and remember that you are responsible for being present in the USA for your Adjustment of Status interview! Be careful with timing.

Tips:

Although the forms make it sound like you need a life/death situation or million dollar business deal in order to get permission to leave, this is rarely the case. Provide a solid reason, such as visiting immediate family, attending weddings, etc. and you should be fine.

Make two copies of your passport and Advance Parole. Keep one copy in the country you will visit, and the other in the US, in case you lose the originals.

Apply for a new Advance Parole three to four months before your current one expires, to be on the safe side.

Hopefully, you are coming back withinin 2 months because you have to go to a fingerprints+biometrics appointment.Followed by (maybe a month later) you 'll also have your notice of interview date for green card and then the interview within 3 months of that.

Answer 4

Don't just go.... Consult an immigration lawyer...that person will walk you through it....I have friend who made a mistake...Don't let it happen to you.

Answer 5

The K visa is a nonimmigrant visa, so since you say your wife has an immigrant visa it is probably a CR-1 or IR-1.  In that case, she can travel outside the US as she needs to, freely, using her immigrant visa, which is valid for multiple entries for one year, until her green card arrives.  She only has to convince the CBP officer when she returns that she intends to continue living in the US.