Sathi ho,

I hope someone can help me on this issue.

I am a US citizen, and was married to a Nepali citizen last year. She entered the US in July 2004 with a conditional resident status which is due to expire in July 2006. It appears that she may need to leave for Nepal (possibly for a month or two) within the next few weeks due to family issues. My concern is about her ability to return to the US.

I had called the USCIS customer service, and was assured that she should not have any problem returning to the US. I have also contacted an immigration lawyer who assured me that she should not have any problem. However, I have heard from other people that she should refrain from traveling abroad until the adjustment of status is completed. Some have advised an advanced parole while some have advised a travel permit should it be necessary for her to travel. To my understanding, the adjustment of status needs to be filed 90 days prior to the second anniversary of her conditional resident status. The USCIS website does advise the requirement for a travel permit for those under adjustment of status but there is no clear information for those who need to travel before the adjustment of status can even be filed.

Does anyone have any experience or knowledge on this matter? I would highly appreciate your suggestions. Dhanyabaad.