So im not sure if this thread belongs here, but to the best of my understanding I figured it does.
Anyways, anyone had this situation? Where they were an H1 Visa holder marrying a US Citizen (or vice versa?) After your marriage, how long does it usually take for travel docs to come in? He is on H1 from work so his stay here is legal, but he does not have a valid US Visa stamped for reentry if he leaves the country. We want to go to Paki for the wedding, so im trying to figure out if we do court marriage/nikkah and apply for his papers and adjusment of status how long will all that take in order for us to travel abroad and come back to US without Visa issues for his reentry? From my understanding, its either or. Either have a US Visa stamped for reentry, OR have travel docs showing you are now a permanent resident?
Somewhere I read that after marrying a US citizen you can apply right away for a status adjustment to be a permanent resident but travel documents will take about 3 months to come in? Im confused.
Yes, you can apply for adjustment of status right away, and along with it, apply for work authorization and advance parole (travel document) as well. It could very well take 3 months to get the documents, slightly longer to actually get the green card approved. It all really depends on where you live and which CIS service center you belong in.
If the wedding is in the upcoming Christmas holidays, then you will most likely have to skip it. His papers won't be ready on time.
Yes, you can apply for adjustment of status right away, and along with it, apply for work authorization and advance parole (travel document) as well. It could very well take 3 months to get the documents, slightly longer to actually get the green card approved. It all really depends on where you live and which CIS service center you belong in.
If the wedding is in the upcoming Christmas holidays, then you will most likely have to skip it. His papers won't be ready on time.
Okay, so basically he cant travel abroad without the travel docs, and even if he does he cannot come back until the travel docs are here, bc thats what will validate his reentry?
No, we havent planned the wedding date exactly. Sometime later in the coming year. But there are some other issues at hand.
He needs to have the travel document before he leaves the country. If he travels out of the country without receiving it first, he would be considered as having abandoned the adjustment of status (green application). Check with your local USCIS office to see how long it's taking such applications to process. Also, if you only have nikah done without rukhsati, you might have to furnish strong proofs of the legitimacy of your marriage during the interview for the adjustment of status application.