Can Sponsoring Spouses Move Out the U.S. While Marriage Green Cards Are Pending?

As the world opens its borders for international travel, you might be wondering what could happen if you rejoined your spouse abroad. Depending on the nature of your visit and newer COVID-19 restrictions, we encourage you to consult with an immigration lawyer before making the decision.

If you applied for a marriage green card recently, it’s typically okay to leave the country as long as you have a permanent address and notify the U.S. Citizenship and Immigration Services (USCIS). The immigration agency requires you to provide a working address within ten days of moving. If you find that you no longer have the same residence you can give the address of a friend or relative.

Sending correspondence abroad is not permitted, meaning that you’ll have to look out for adequate updates. You can go about this by logging on to your USCIS Online Account, if applicable. If not, you need to fill out Form AR-11 (address change form) online or send it via traditional mail.

Spouses who apply for a marriage green card from their home country will go through a U.S. embassy or consulate. Consular processing often has a faster processing time than requesting an Adjustment of Status (AOS) from within the country. Due to a backlog of green card applications, it might take longer than expected to see whether Form I-130 for family sponsorship has been approved or denied.

You will receive a notification whether the USCIS has declined or directed your spouse’s green card application to the National Visa Center (NVC) for further processing. But if you haven’t heard back between 4 to 6 months, reach out to a family immigration lawyer immediately. Immigration Services may have sent correspondence to your email, or the NVC might be waiting to hear from you.

This is an exciting time for you and your loved one! Make sure to take the proper precautions to avoid the risk of marriage-based green card denial.