Immigration Issues/Travel to Jamaica
Well,thank you so much for answering the one question no one could. I guess its good i didnt apply for the advance parole. I dont think I will based on the information below. Ok, another question then, instead of Jamaica, what if we went to Hawaii, since it is in the US or are there other restrictions to think about. Please keep in mind I am planning on going January 2006, so I dont know what laws may change then.
Also, what if by some miracle, I actually do get the green card before January 06? then what documents will she need? Is there anything I can do to speed that process up? How long after applying for an I-485, in my situation (along with the I-130) does it take to get a green card? I know they said 90-120 days, but is that realistic? Is there anything else once the processing is done that I have to do to get the actual greencard, or was the I-485 enough? How do I get her a passport for travel, etc?
Ok, this is complicated but here it goes. My wife and I were married legally on 7/18/2005 in CA. She now lives with me in CA. She originally came to the US 5 years ago on a 5 year visa, class B1/B2 which expires 10/23/2005. I am a US citizen. She was adopted by US Citizens at age 15 but they never filed the appropriate paperwork at the right time and she then turned 18, she is now 19 and married to me as mentioned above. I went ahead and filed an I-130, I-485, and I-765 for her in Sepetmebr 2005 and they are all pending. Me and her would like to travel to Jamica for a honeymoon in January 2006. I fear her paperwork will not be completed in time. What do I need for her so that we can take our trip. My problem is her visa will expire before her processing is complete. I need help quick...time is running out for me to pay for my honeymoon.
The good news is that the visa expiring is not a problem, since she has the I-485 pending. The bad news is that if she leaves the country before she gets her green card, she will be subject to a 10 year bar for overstaying the time on her I-94 by more than a year and then leaving. She can apply for advance parole to be able to travel, but it will have the 10 year bar warning on the document. With the parole she will be able to go out and come back but will jeopardize her green card if she does not get approved for the waiver.
Hawaii is fine. How long the process takes depends on what state you are in. You will be called in for an interview. If all is ok, they will give her a stamp and send her the card. She can use the stamp to travel. As a resident she can not have a U.S. passport so she can use her current passport. If she does not want to use that passport, she can apply for a travel document once she gets her card but that will take another 4 months to get after applying.