F1 student visa that married with greencard

[Isaaa]

Hi,

My husband is greencard holder and I'm currently under F1 in US. We are planning to submit the i130 next month. After submit the i130, before submit 485, can I travel back to my own home country for winter break?

Will there be any issue?

Thank you in advance.

 

[newacct]

You should not enter the US on F1 visa with preconceived intent to file I-485 during that stay. So it's probably best if you don't leave.

 

[Isaaa]

You should not enter the US on F1 visa with preconceived intent to file I-485 during that stay. So it's probably best if you don't leave.

Thank you for your explanation. We married while I have F1 visa, and I'm planning back to home country for medical treatment. In this case, does it means as long as we are not submitting I-130, then I can still travel to abroad and back with F1, even I already married with greencard holder?

Thank you in advance.

 

[newacct]

Thank you for your explanation. We married while I have F1 visa, and I'm planning back to home country for medical treatment. In this case, does it means as long as we are not submitting I-130, then I can still travel to abroad and back with F1, even I already married with greencard holder?

Thank you in advance.

No. Since you already plan to file I-485 during the stay after your return rather than leave after a temporary stay, you should not enter on F1 visa. This is true regardless of whether you have a pending I-130. If you plan to leave and apply for an immigrant visa abroad, then it should be okay to enter on F1 visa (again, regardless of whether you have a pending I-130).