F1 student visa that married with greencard

I

Isaaa

Member
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.
 
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.
 
newacct said:
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.
Click to expand...
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.
 
Isaaa said:
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.
Click to expand...
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).
 
growingstrong said:
Did you apply on your own or through a lawyer? Do you know of any good resources for filling out I130 form?
Click to expand...
I applied on my own, it's quite simple. however, you also can try some platform such as simple citizen(consider as half diy), they have lawyer to check all document before you submit, but you need to gather all documents by yourself.
 
You must log in or register to reply here.
Top