If a non-resident marries a US citizen, can they travel while their marriage is being processed?

Question

If an illegal immigrant leaves the country, they will most likely have to wait more than 5 years to be able to obtain a visa to enter the country legally (depending on the nation of origin). If said immigrant marries a US citizen, she might be able to obtain residence after the process is done, but can they both travel out of the country before the process is done or does the non-resident have to wait until she obtains the residence and everything is done to be able to leave the country?

Answer 1

In order to come back to the U.S., the alien would need an immigrant visa. In the absence of an immigrant visa, she would have to have advanced permission to return to the U.S., usually that comes in the form of an advanced parole letter.

She can apply for an advanced parole on form I-131 after an application for adjustment of status has been submitted. Without the advanced parole or an immigrant visa, she could not be permitted to enter the U.S.

Answer 2

Sure they can leave the country, coming back is another story.

Answer 3

No, if an illegal resident marries an American, that person won't be able to adjust to immigrant status while in the US, unless they came in originally on some sort of visa. Once the petition is filed, the foreign spouse would have to be interviewed for an immigrant visa back home and apply for a waiver of the visa ineligibility caused by the illegal stay. Until they got a visa, they wouldn't be able to return. If they came in on a visa, they could become a legal resident while in the US, however, if they left the US without a green card, they wouldn't be able to return without an immigrant visa, and again, they'd have to file for a waiver.