Can I go abroad using F1 visa after getting married to a US citizen?

A

ATQT

New Member
I am a F1 student, and got married to a US citizen last month. Currently we are planing to apply for my green card. The thing is that I am going to attend an international conference in Europe next month. I am wondering if I can still use my F1 visa that is valid until October for this round trip. For now, we haven't submitted any form including i-485. Can we submit all materials before this trip? I am afraid I cannot get my AP before the meeting. So I have to use my visa anyway.

Is there anyone who could give us some suggestion on this situation? Thanks in advance!
 
If they know you're married to a US citizen you're likely to be refused entry with the F1 visa. How will they know? Usually they won't know, unless you have filed immigration paperwork related to your marriage. However, sometimes they ask. If you say you're not married, they'll record that in the system and then the lie will be caught later when you apply for a green card.

If you submit the I-485 and leave before AP is approved, your I-485 will be cancelled. But you could file the I-485 now and attempt to get emergency Advance Parole. Of course, there's no guarantee it will be approved.

You have no safe and convenient options. Either you miss the conference, or go to the conference and risk being refused re-entry with the F1, or try for emergency AP and hope you get it before it's time to leave for the conference.
 
I fully agree with the previous post.

Also, (from reading a lot of people's experiences) it is theoretically possible that your IO might notice the (post-marriage) student visa entry in your passport, which will put you in hot water.
 
Not advisable at all in your circumstance to travel outside US, you can go outside US using a AP after you apply for your adjustment of status only if you have never accrued any unlawful presence in the US totalling 180 days or more in the past.
 
Thanks a lot for all the information and advices~ I want to make it clear that I haven't submitted I-485 form yet and not going to submit it before my trip. Let's say, if I claim that I am not intending to change my status before graduation, is it possible that I still can use my F1 visa (valid until Oct.) this time? I don't care if I can renew my visa in the future.
 
It is possible that you can reenter with the F1 visa. Just like it is possible to swim across a river full of crocodiles without getting bitten.
 
I also want to mention that we haven't submitted I-130 yet, and we also discussed the situation with the international support office at our university, here is the director's reply:

"the "immigrant intent" would be established if your US citizen husband has filed Form I-130 with USCIS. If he has not, then your intent (and his) could very well be to leave the US after your F-1 studies and both of you live in your home country instead of the US. If no "immigrant intent" has been established in writing to USCIS (filing a petition), then you should have no difficulties getting back into the US."

I really got confused here... What should I do anyway?
 
There is no ABSOLUTE answer with this case. Everyone has an opinion, just an OPINION. We all however know that the IDEAL situation would be if you did not travel outside.
 
ATQT said:
"the "immigrant intent" would be established if your US citizen husband has filed Form I-130 with USCIS. If he has not, then your intent (and his) could very well be to leave the US after your F-1 studies and both of you live in your home country instead of the US. If no "immigrant intent" has been established in writing to USCIS (filing a petition), then you should have no difficulties getting back into the US."

I really got confused here... What should I do anyway?
Click to expand...

If at the POE they think you have immigrant intent, the burden of you is on you to convince them otherwise. That's why numerous spouses of US citizens are refused entry or refused visas, even without any I-130. The lack of I-130 is no assurance for readmission.

And face the facts: you DO have immigrant intent. Your plan is to file I-130 and I-485 after returning from your conference in Europe; you don't plan to stay until October and then leave the US.

But anyway, you want to take the trip to the conference and won't be convinced otherwise. So go ahead and take the trip. You're the one who will face the risks and suffer the consequences, not us.
 
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