I-130 approved for spouse on F1. Any travel restrictions?

G

gg99

Registered Users (C)
I am an LPR and still have 4 more years before I am eligible to naturalize and become a US citizen. My I-130 petition for my spouse was approved today. It might take a couple of years for our priority date to become current.

My question: Can my spouse travel outside the country to visit his family? He is on F1 visa. Will approval of I-130 impose any restrictions on his travel. I am a little afraid that he might be denied re-entry at the port of entry when he comes back as F1 is not a dual intent visa.

Thank you in advance for your suggestions!
 
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You are right to worry about that, he is probably stuck in the U.S. for the duration.

You do not have to wait to file the I-130. Do it ASAP, the numbers could progress again (it is an unknown). HOWEVER, if you naturalize before that happens, you can "upgrade" the petition to an IR of a USC by submitting a copy of your natz cert to USCIS (if still pending or you indicated AOS) or to NVC (if approved and you indicated Consular Processing).

If the numbers do not progress or if they do but it is before you naturalize, will he still be a student?

Will he qualify for a long STEM OPT (17 months while seeking an H1-B)? Google for it, I'm tired....
 
Thanks BigJoe5 for your reply! My I-130 petition for my husband was approved today. He will apply for I-485 as soon as our priority date becomes current. He is getting his Ph. D and has 3 years more to go. I have still 4 more years before I can apply for citizenship. I hope our priority date will become current before he graduates :)
 
gg99 said:
Thanks BigJoe5 for your reply! My I-130 petition for my husband was approved today. He will apply for I-485 as soon as our priority date becomes current. He is getting his Ph. D and has 3 years more to go. I have still 4 more years before I can apply for citizenship. I hope our priority date will become current before he graduates :)
Click to expand...

I hope so too!!! It is possible the visa numbers for LPR spouse could start to move much faster than we saw over the past 2 years, which will even be more good news for you. Unfortunately, he better get used to being in the US till his visa number becomes available or risk problems at Port of Entry.
 
Hey gg, I was in a similar situation and got the same advice from a lawyer at school. Do not leave the US with a I-130 petition approved.
Other than that your timing seems good, 3 more years of PhD (hope the committee and advisor agree 3 years is enough), one more year OPT, by the end of which hopefully you'll be a USC at which point AOS will be almost trivial.
Just to make sure, consult the international office at his school. Best of luck.
 
Thank you JMG1010! We consulted the immigration lawyer at his school and she also suggested that it is better not to leave the country.
 
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