Unique situation. Traveling to Mexico.

[taranj77]

Hi there,

 

My wife is in a unique situation. We both had an old H1/H4 visa which expired on sept 30th 2014. I of course have a new H1 approval till 1st april 2016. We both have I-94 approval till that date. We want to travel to Mexico in December. Now the way I understand this is - as long as I have a recently expired visa, valid I-94 and a valid I-797 I am ok to travel and enter back. However my wife does not have her own I-797. Because she got her I-94 approval till april 2016, my lawyer said there was no need to apply for her own I-797. She does have a valid I-94 and a recently expired visa H4. Will she have a problem entering? my current immigration lawyer says that with a marriage certificate and my valid documents this is all fine. My fear is actually about the airline associates, who check your ability to enter USA at mexico airport, if they have a problem with her not having her own I-797, will that be an issue.

 

Thanks.

 

Tarandeep Arora.

 

 

[jairichi]

You are fine. Your I797 is what that matters along with expired H4 visa of your spouse and her valid I94.

[pontevecchio]

There is nothing called H4 petition. Since her status has been established till 2016 as H4 This is not an issue. You will both be using Automatic Visa Revalidation to come back. I hope you have researched your ability to enter Mexico without an entry visa?