wife wants to travel, too risky? (she's F1, I'm a permanent resident, currently processing)

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lamecity

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wife wants to travel, too risky? (she's F1, I'm a permanent resident, currently processing I-130)

I'm a permanent resident, my wife is an F1 student (valid I-20, valid visa, valid I-94, etc). We got married a few months ago and we recently applied for her marriage-based green card (which I know will take forever because I'm a permanent resident and not a US citizen).

Anyway, she wants to travel to Canada for her uncle's wedding, but she is afraid of what will happen when she returns to the US. My theory is that when she returns to the US, the officer may say that her F1 visa status is automatically revoked because filing for permanent residency nullifies her non-immigration intent (requirement for F1 visa). Hence, she would not be allowed back in the country.

Anyone have any experience with this? Any advice? Thanks so much...
 
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Her F-1 status is not automatically revoked just because her husband has filed an I-130 for her. However, she might be not be allowed back with F-1 status if the POE officer discovers that her husband is a GC holder and (more importantly) her husband has filed an I-130 for her.


lamecity said:
My theory is that when she returns to the US, the officer may say that her F1 visa status is automatically revoked because filing for permanent residency nullifies her non-immigration intent (requirement for F1 visa). Hence, she would not be allowed back in the country.
Click to expand...
 
The F1 is not automatically revoked as a result of the I-130, but there is a big risk that the F1 will be revoked if/when she attempts to use it to reenter the US.

If she leaves the US without a green card, Advance Parole, or H1B, she should be prepared to remain stuck outside the US until she can get an H1B or complete the green card process through the consulate.
 
lamecity said:
I'm a permanent resident, my wife is an F1 student (valid I-20, valid visa, valid I-94, etc). We got married a few months ago and we recently applied for her marriage-based green card (which I know will take forever because I'm a permanent resident and not a US citizen).

Anyway, she wants to travel to Canada for her uncle's wedding, but she is afraid of what will happen when she returns to the US. My theory is that when she returns to the US, the officer may say that her F1 visa status is automatically revoked because filing for permanent residency nullifies her non-immigration intent (requirement for F1 visa). Hence, she would not be allowed back in the country.

Anyone have any experience with this? Any advice? Thanks so much...
Click to expand...

What is the I-130 priority date and country of chargeability? How long is the anticipated wait? How close are YOU to naturalization? Could she qualify for an H1-B (or if Canadian or Mexican-- a TN)?


Travel for her at this time under those circumstances is not a good idea--and don't think a lie to CBP won't come back to haunt her, it would.
 
BigJoe5 said:
What is the I-130 priority date and country of chargeability? How long is the anticipated wait? How close are YOU to naturalization? Could she qualify for an H1-B (or if Canadian or Mexican-- a TN)?


Travel for her at this time under those circumstances is not a good idea--and don't think a lie to CBP won't come back to haunt her, it would.
Click to expand...


But according to this poster on visajourney [ http://www.visajourney.com/forums/t...with-f1-visa-while-pending-immigrant-visaf2a/ ], The I-130 beneficiary traveled multiple times and returned to US on an F1 visa, how did that happen? CBP just ignored the I-130?
 
Administrative closure vs termimation of deportation proceeding

Disregard this please.wrong post.
Moderator: Please delete this post.
 
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