Can my fianc/ fiance or spouse leave the US and re-enter while the adjustment of status is pending?
For the K-3 spouse: YES. For the K-1 fiance/fiancee who gets married in the US: NO. The K-3 Visa is a multiple re-entry visa, and if the spouse should leave the US while the Adjustment of Status application is pending, then it will not be viewed as an abandonment of the Adjustment of Status petition. However, this is not the case for the Thai K-1 visa holder. Under 8 CFR 245.2(a)(4)(ii), an Adjustment of Status petition will be deemed abandoned if the fianc/ fiance departs the United States while waiting for approval of the application. The K-1 visa holder can obtain Advance Parole before departing the US to ensure that the Adjustment of Status application will not be considered abandoned.
Related Questions
- Will I lose my H-1B status if I re-enter the U.S. using my Advance Parole travel document while my Adjustment of Status Application is pending?
- While adjustment of status application is pending, can I bring my spouse on H4 or L2 if my H1-B or L1 visa continues to be valid?
- Can the foreign spouse apply for Adjustment of Status while on K3 marriage visa?
