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TIPS Re: International Travel After Marriage To A Foreign National

Newlyweds often want to honeymoon outside of the United States. Planning well in advance can lessen inconveniences and minimize the chance that the foreign national partner will be stranded abroad.

If the foreign national plans to return to the U.S. on a non-immigrant visa, other than an H-1B or L-1, the newlywed must evaluate whether s/he risks being treated as an intending immigrant at the port of entry and being denied readmission.

If the couple files an application for a green card for the foreign national spouse prior to departing the U.S., the application will usually be deemed abandoned unless the foreign national returns using a travel document ("advance parole") which must be approved and issued in advance of the travel by U.S. Citizenship and Immigration Services. The principle exception is the green card applicant re-entering on a valid H-1B or L-1 visa.

Although a foreign national may choose to change her name when she marries, keep in mind there are a number of identity documents to update. If planning a honeymoon right after the wedding, it may be best to travel using the maiden name since the bride will not have had time to get a new passport, drivers license, social security card, and in some states, the registered marriage certificate. To avoid postponing a trip outside the U.S., the newlywed can travel abroad using the current passport; again, if an application for a green card is pending the foreign national spouse will also need an unexpired H-1B or L-1 visa in his or her passport or a travel document (advance parole), filed with and approved by U.S. Citizenship and Immigration Services before departing the U.S., to reenter the U.S. after travel abroad.

Other options? Honeymoon in Las Vegas, Wilmington, Asheville, Miami or New Orleans!!

Allen and Pinnix, P.A., with over 30 years experience in U.S. immigration law, can help you avoid costly errors and delays in planning your international travel after marriage. Contact our office at 919.755.0505 for a confidential consultation with one of our experienced immigration attorneys.

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