I am F-1 visa holder, married greencard holder and filed I-130. Can i travel back home. Please help?

Question

Has anyone done that before, please share your experience? Can i fly home and come back in again?

Answer 1

Marriage to a greencard holder doesn't give you the privilege to stay in the US. But for the officer when you leave and would want to come back it will show your motives for immigration and he will suppose that after your studies you'll stay in the USA together with your husband.

I think he won't let you back to the US.

Here is the situation like yours http://britishexpats.com/forum/showthrea...

Be very careful about your F-1 status and travel abroad (yes, Hawaii is OK!); once married to a PR, you really do have 'immigrant intent' and will not be granted a new visa to allow you to return to the U.S. Get your degree (hopefully 4 year degree) and later change to H-1.

I think it's better to contact the lawyer anyway.

Answer 2

You can definitely fly home. Coming back as an F-1 is a different story.

When your spouse submitted the I-130, did he indicate on it that you would be applying for your immigrant status inside or outside of the U.S.? If your I-130 indicated that you'd be applying for adjustment of status inside the U.S., then your chances of being readmitted as an F-1 are very poor.

If your I-130 indicates that you intend to seek an immigrant visa outside the U.S., at the embassy in your home country, then your chances for admission as an F-1 improve from very poor to bad.

The marriage to a U.S. citizen/resident makes it appear that you no longer have a foreign residence to which you intend to return once your school days are over.

F-1 students are supposed to return to their home countries once they graduate. Once that no longer appears to be likely, they are presumed to be immigrants.