Travel Risk for F1+OPT visa holder who married to GC holder while petition is pending

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Ishan Patel

New Member
I am a green card holder and I have put an immigration file for my wife who came here to USA on a student visa and now she is working as a Network engineer on her OPT Status. Her immigration file is pending now and we are planning to go to India in December 2015. Her I-130 is not approved yet. Still we are waiting for the approval of I-130. So will be there any risk if my wife goes to India and come back to USA on F1+OPT status?
I heard people are saying that while coming back to USA on the border if you are entering as an F1+ OPT visa holder then you need to have an temporary living intention for USA but your Immigration file is pending so you don't have that intention. So they will not let you in and they will cancel your file also. Is there any way I can make this possible by getting some permission or something from USCIS so they can let me enter the USA? Please guide me. Thank you very much in advance for your time.
Do you think that any of this would be helpful or she will have to wait till she gets her GC in her hand?
1. According to current Priority Dates it looks like the priority date may get current in Dec 2014 and my spouse can able to submit i-485 and get her biometric scan done before she leaves for India. Do you think that filling for I-131 will be helpful for her to return back easily in USA with approved I-131?
2. I am going to be eligible for Citizenship in September 2015. So probably I may get my citizenship by December 2015. Do you think that as spouse of Citizen will be helpful for her to return back? If suppose I submit I-130 and I-485 before she leaves for India?
 
She might have a problem. It all depends officer's questions.
The only safe way is having adjustment status filed and advanced parole on hand.
 
Even on advance parole, it's on the discretion of the CBP officer, they usually recommend getting green card before any travel if possible,
but yes since she did not have any illegal presence, with advanced parole her chance of getting admitted is very very high.
 
This information is very helpful.
Just wanted to know that after submitting Travel Document I -131, How much time it takes to get the approval ?
 
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