Can I come back to US?

[arorapkj 0]

HI,

I applied for renewal of my F1 visa which is expiring in Apr. 2012. the visa officer rejected my renewal on the basis that my husband who is working on EAD (GC in processing) . we got married in May 2010. I am currently in India and planning to travel back to US on Jan 3rd 2012. Since I still have 4 more months on my visa, I was wondering if the US immigration authorities will allow me to enter in the US. I still have one more year to finish my school. My I-20 is valid till May 2013. Please advise.

Thanks..

[ndu26 114]

HI,

I applied for renewal of my F1 visa which is expiring in Apr. 2012. the visa officer rejected my renewal on the basis that my husband who is working on EAD (GC in processing) . we got married in May 2010. I am currently in India and planning to travel back to US on Jan 3rd 2012. Since I still have 4 more months on my visa, I was wondering if the US immigration authorities will allow me to enter in the US. I still have one more year to finish my school. My I-20 is valid till May 2013. Please advise.

Thanks..

I doubt if anyone on VJ can issue any statement you can take to the bank. This is because the Immigration officers are humans prone to emotions, intuitions, bad moods etc and it depends on who you meet and how you convince the person of your plans not to stay illegally to the person( your husbands case will pop up in their system). hope they will understand you need to finish school and allow you enter. but My question is since you need one more for school and your current visa expires in 4months plus what ahppens after then since you are not able to get your visa renewed?

[Little_My 464]

She doesn't need to get her visa renewed, if she can stay in the US from January 2012 to May 2013 without leaving. The visa is only an entry pass, and it needs to be valid for her to be able to re-enter the US. However, once she is here, even if her visa expires she can still remain in the US legally as long as her I-20 is valid. If she had to leave the US again before finishing her studies, then she would have to get as new visa to get back in - but as long as she enters before the current visa expires, and her I-20 remains valid, she can stay until May 2013.

Arorapkj - no one can say for sure if you'kk have trouble re-entering or not. I personally think you have a strong chance to come back without any problems - but I'm not sure whether the IO at POE can see that you were denied an extension for the student visa. If they can, that will raise questions, and you should be prepared to show plenty of proof of why you are likely to return to India. Also, if they point blank ask you about a boyfriend in the US, you shouldn't lie under any circumstances. Only way to find out whether or not you can come back is to try.

Edited December 20, 2011 by Little_My

[Noah Lot 391]

She doesn't need to get her visa renewed, if she can stay in the US from January 2012 to May 2013 without leaving. The visa is only an entry pass, and it needs to be valid for her to be able to re-enter the US. However, once she is here, even if her visa expires she can still remain in the US legally as long as her I-20 is valid. If she had to leave the US again before finishing her studies, then she would have to get as new visa to get back in - but as long as she enters before the current visa expires, and her I-20 remains valid, she can stay until May 2013.

Arorapkj - no one can say for sure if you'kk have trouble re-entering or not. I personally think you have a strong chance to come back without any problems - but I'm not sure whether the IO at POE can see that you were denied an extension for the student visa. If they can, that will raise questions, and you should be prepared to show plenty of proof of why you are likely to return to India. Also, if they point blank ask you about a boyfriend in the US, you shouldn't lie under any circumstances. Only way to find out whether or not you can come back is to try.

Let's see.../her husband is poised to get a GC....just why is it the OP is so motivated to return to India after studies?? I can't see a single reason (besides the ever popular ill parents who need her care, but who have amazingly been surviving while she has been in school)...the border folks can see the refusal and read why....all the OP has to do is conjure up some story about why she would abandon her GC husband and return to India to live and work.....must be document that would prove this....wonder which one it is...

[SimranS 9]

She doesn't need to get her visa renewed, if she can stay in the US from January 2012 to May 2013 without leaving. The visa is only an entry pass, and it needs to be valid for her to be able to re-enter the US. However, once she is here, even if her visa expires she can still remain in the US legally as long as her I-20 is valid. If she had to leave the US again before finishing her studies, then she would have to get as new visa to get back in - but as long as she enters before the current visa expires, and her I-20 remains valid, she can stay until May 2013.

Arorapkj - no one can say for sure if you'kk have trouble re-entering or not. I personally think you have a strong chance to come back without any problems - but I'm not sure whether the IO at POE can see that you were denied an extension for the student visa. If they can, that will raise questions, and you should be prepared to show plenty of proof of why you are likely to return to India. Also, if they point blank ask you about a boyfriend in the US, you shouldn't lie under any circumstances. Only way to find out whether or not you can come back is to try.

She has a husband, not boyfriend, in the US.

[Little_My 464]

She asked a question, which I answered - and according to my knowledge I answered it correctly. I don't see any need to make assumptions about her future plans, because in all honesty I really don't consider it to be any of my business. She has a valid F1 visa and a valid I-20, which means she is allowed to re-enter the US as a student and come to finish her studies, and she is allowed to remain here until her I-20 expires. Whether or not she will be allowed back in is not up to me or you, it is in the hands of the IO at POE. I really don't see the need for you to keep attacking people on the student and tourist visa forums - answer their questions or move on.

To SimranS: My mistake, but same difference. If asked about her husband, she should answer honestly. Whether or not she wants to take the risk of being possibly turned back and denied entry is up to her.

Edited December 21, 2011 by Little_My

[Boiler 45,525]

She is seeking entry on a non immigrant visa when she has Immigrant Intent.

She needs a derivative visa to whatever her Husband is on.

[Little_My 464]

Nowhere in her post does she state she is planning to immigrate. That is an assumption you are making based on the fact that her husband is becoming a permanent resident - and maybe you are right. However, I don't see it as my business to make that assumption. Like I said, she asked a question, and I answered it.

[Boiler 45,525]

So Husband is going to become a PR and she is going back to India??????

Now life is strange but if that is the case why did they get married?

[ndu26 114]

So Husband is going to become a PR and she is going back to India??????

Now life is strange but if that is the case why did they get married?

I guess we can now see how this can play out at the border depending on whose type of mindset the border officials' have. They are afterall humans and just as we have reached our deductions, THEY WILL TOO and may not offer opportunity to explain.

Edited December 21, 2011 by ndu26

[Noah Lot 391]

Nowhere in her post does she state she is planning to immigrate. That is an assumption you are making based on the fact that her husband is becoming a permanent resident - and maybe you are right. However, I don't see it as my business to make that assumption. Like I said, she asked a question, and I answered it.

Few people married to GC holders abandon said spouse and rush back to their country after studying....the odds of that happening are roughly the same as the sun burning out tomorrow. This is far from an assumption....why in the world would she wave good bye to her GC husband?????????????????//

[Little_My 464]

I didn't say she would abandon her husband. I said it is none of my business to make that determination. Her husband becoming an LPR doesn't affect her F1 visa or I-20. Like I stated to her earlier, it most likely will make her entry more risky and challenging, and maybe she won't be let back in. However - as I said before - I think whether or not the risk is worth taking is her decision. I also think it is not my business to moralize her of her possible plans to remain in the US beyond her F1 visa, since that was not what she asked about.

[Noah Lot 391]

She asked a question, which I answered - and according to my knowledge I answered it correctly. I don't see any need to make assumptions about her future plans, because in all honesty I really don't consider it to be any of my business. She has a valid F1 visa and a valid I-20, which means she is allowed to re-enter the US as a student and come to finish her studies, and she is allowed to remain here until her I-20 expires. Whether or not she will be allowed back in is not up to me or you, it is in the hands of the IO at POE. I really don't see the need for you to keep attacking people on the student and tourist visa forums - answer their questions or move on.

To SimranS: My mistake, but same difference. If asked about her husband, she should answer honestly. Whether or not she wants to take the risk of being possibly turned back and denied entry is up to her.

And I answered correctly as well.....providing a truthful and realistic response ...how is that an 'attack?' Just because I told it like it is instead of some pie-in-the-sky answer? The border officials will see her F1 denial, will see her husband's GC application pending....and so the question remains....what possible story could she produce that is the truth about her true intentions of returning to India after her studies instead of staying put with her GC husband?

And a visa is NOT an entry pass to the US...all it is is an object with which to ask permission to enter the US. Oh gosh....now I said something factual.....shame on me.

[Soapz 14]

As Little-My stated before, the F-1 visa with your I-20 makes you eligible for admission; but the rejection of the renewal of said visa in combination with your husband's AOS might make you inadmissible in the eyes of the immigration officer. I can't really think of anything that could prove your non-immigrant intent so the possibility of being denied entry is definitely given.

[Boiler 45,525]

Her F1 was denied.