question about F1 visa and marriage to a US citizen

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maca1977

New Member
I have entered the US several times with different visas (J1, B2, F1) and my last entry was a student (F1). I attended University as a graduate student, and when I finished I applied for my 1 year OPT. I was granted the OPT, but it was cancelled 1 month later due to University error (really! it wasn't my fault). I then, got married to my boyfriend, an american citizen, and applied for the I-130. I got the petition approved only 8 months later, but I decided to leave the US. So, I haven't applied for the I-485. But we are still married.
I now (1 year after being back in my country) want to go back to the US on a tourist visa (which I've had since 2000, way before my F1 visa). I would like to know if anyone would know if I am going to have have problems to get into the US on a tourist visa.
Thanks,
 
I might be wrong but I think any non-immigrant visa is void after your husband applied for the I-130 since that means that you have the intent to become a permanent resident. Where is your husband now?
Even if your turist visa is not expired yet I don't think you can use it. I used to have a valid tourist visa before I got my student visa, one of the times when I came back here after going home for the holidays (I'm not even sure which time), an immigration officer put this thick black line accross my tourist visa, as to void it.
 
thanks for the response. Its interesting that they voided your tourist visa, I don't think that this is a normal procedure, since you could always go back to the US after graduating, just to visit, right? In regards to my husband, he's in the US right now. It does make sense that I wouldn't be able to enter using my tourist visa, because of the intent to became a permanent resident, you are right. But my question is, is the Immigration system integrated with the ports of entry in the US, so that the inspectors can see that I only applied for the I-130 and never continued with the process? Thanks,
 
It is just not recommended to do that, even if you get through the port inspection you might have problems down the road. I remember reading somewhere that they don't even recommend getting married right after entering the US with a tourist visa since that implies that your intent to enter the country was to marry and stay here and not to just visit. You know what I mean? With a non-immigrant visa u're basically telling them that u're coming in the country but you're not planning to stay. In your situation, it's gonna be obvious that your intent is different. It might be a better idea for your husband to ask for a K3 visa for you, that way everything will be totally legal, I think it takes like 3 months to get it.
 
You know, I thought about the K-3 visa before, but since we got married in the US and I left the country and he stayed there, my impression is that I wouldn't be eligible for it. I don't know, I might be wrong. Do you know anything about it?
 
I think you should re do I-130, also definately get K3 visa for USC spouse who's outside of US, I believe.


maca1977 said:
You know, I thought about the K-3 visa before, but since we got married in the US and I left the country and he stayed there, my impression is that I wouldn't be eligible for it. I don't know, I might be wrong. Do you know anything about it?
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I don't see why u wouldn't be able to apply for a K3 visa, in fact, I think that's the best solution for your problem
 
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