What to do if my husband must travel back to Spain but his tourist visa is expired and he does not yet have his spousal visa?

UPDATED: Oct 13, 2014

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What to do if my husband must travel back to Spain but his tourist visa is expired and he does not yet have his spousal visa?

My husband is from Spain and he came here initially on a tourist visa to see me and then we got married. His visa application is currently with the NVC but he needs to go on a trip back to Spain. We are worried because he doesn’t have his spousal visa yet but his tourist visa has expired. Will he be able to leave without being “deported” or getting in legal trouble?

Asked on October 13, 2014 under Immigration Law, North Carolina


Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

This depends, and I would need more information. Did he come with an actual B1/B2 visa or the 90 day Visa Waiver/ESTA? When did the stay/I-94 expire? Any reason the case is at the NVC and you did not file the Adjustment of Status/green card for process in the US?


If he overstayed 6 months and leaves, he is barred for 3 yaers (10 years-if he overstayed longer than a year).


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