F-1 student got married to U.S. citizen, will his entry back to U.S. be denied???

Question

I am a U.S. citizen and i got married to a F-1 student visa holder few weeks ago. After we got married, my husband went back to his home country for 2 weeks to visit his family, (he goes back every summer). He will return in a week. Also he is coming back still as a F-1, because he needs to finish his studies in a university. His visa expires in 2 years. My question is will his entry be denied when coming back to the U.S. next week?

Thanks.

Answer 1

Your Spouse have a Academic Student visa. When it expires he will have to leave,So the best thing you would have to do since your married is to apply for adjustment of status before is visa expire,s using form I130.

Answer 2

Be very clear - F1 Visa is a "non"-immigrant Visa. If you haven't applied for ur husband's adjustment of status yet, then he will have no problem using his F1 Visa. As soon as u apply for his Green Card, he may lose his F1 and have to discontinue studies till the time he gets his parole documents or conditional Green Card.

Bottomline, as long as he has a legal status, whether as a spouse of a US citizen or as a F1 Visa holder, he's fine.  

Answer 3

the question is did he notify his international student advisor that he was taking this trip? i think that's what he had to do, as an international student, b/c its the international student advisors who have to write a note that he intends to continue his studies at the university.  but as you say that he does this every summer, then i would say he will not have any problems coming back if he notified his school that he was travelling..

another question, did you apply to sponsor him before he left? if his application for a greencard is still pending, i do not think he would have any problems coming back, b/c he is still under the f-1 visa. but let's say if a visa expired and your sponsorship application is still pending and he left, then he would have a difficult time coming back..

good luck!