Getting a new visa aboard with approved I-130

A

abba114

Member
Hi,
I am a green card holder and my wife is here with a student visa. We already had the I-130 approved under f2a.
We want to travel back to our home country to visit our parents soon, does any one here have experience of getting a new student or visitor visa aboard with an approved I130.
I know this may be difficult because the immigrant intent clause, but I still want to see if there an exception at all.
Thank in advance for all the helps.
 
There are exceptions, but how can you know she'll be one of those exceptions? If she leaves the US she's taking the big risk of being stuck outside the US until her GC interview at the consulate.
 
It is impossible to know who will or won't be approved in similar situations. It all comes down to the discretion of the consular officer, and my understanding is that in most cases the student or visitor visa is denied if married to a US citizen or green card holder.
 
Thanks for the reply.
Personally i think it is all bull crap.
while other visa holders' spouse can enjoy the family benefit (P1, P3, F1, L1) and the legal residents of the USA can't have the same benefit when we are honest about it!
 
Yes, it surely is stupid.

Years ago there was the V visa for spouses and under-21 children of green card holders, but they're no longer available. Unfortunately your wife is stuck in the US until she obtains an H1B, or I-485 with Advance Parole, or the green card itself. Unless she wants to leave before that, and take the risk of being stuck outside the US.
 
Dear Abba 114

I don't suggest your wife leave the country unless it is a matter of life/death. I married overseas and my wife was denied a student visa for "immigrant intend".. And now we are suffering. I recommend you wait for your citizenship. You ahve at least youe wife with you.

By the way, did you get married in the US when she is on student visa?
 
Hi marriednatur,
yes, we got married in the US when she is on the student visa.
She is still on the student visa.
The reason I ask is because she is a little home sick and I am wondering if we can take a short trip back to home country and try to get another visitor visa or student visa back to the US.
 
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