Traveling with F1 visa while pending Immigrant Visa(F2A)

[bgd 2]

Hi,

My spouse lives here under F1 visa with me. We got married two years ago and I filed I-130 for her. Since I am a permanent resident, we have been waiting for visa become available.

Last week, she was told from her school's international office that traveling while pending immigrant visa is risky and she can be denied at POE. We did not know this so far. Actually, we traveled to abroad a couple of times since I filed I-130. We have an upcoming international travel soon. Do you know is there any thing we should do as a precaution? Or at worst case cancel our trip?

To my logic, immigration process via F2A is lengthy and she should be travelling in case she has valid F1 visa, etc. We appreciate any kind of suggestions/help.

Edited April 2, 2012 by bgd

[aaron2020 11,651]

An F-1 visa is a non-immigrant visa. The F-1 visa holder must NOT have the intention to immigrate to the US when he/she enters the US.

With a pending I-130 and you being a US resident, it would be risky because your wife would have a very difficult time showing that she is not using the F-1 to illegally immigrate early to be with you.

No one can say for certain if your wife would be denied entry, but there is a risk her entry into the US will be denied based on the I-130 and your US residency.

Since your wife has traveled internationally since you filed the I-130 and successfully reenter the US, the risk is pretty small to me. However, it's not my life. It's your and your wife. Is the trip worth the risk that she will denied reentry and she'll have to wait for an immigrant visa?

Edited April 2, 2012 by aaron2020

[Cino 5]

If she has a valid F1 Visa & still attend to a college. I see no problem, there is no risk & she can travel as many times as she likes while her Immigrant Visa pending.

Enjoy your trip... please keep us posted.

Edited April 10, 2012 by Cino

[aaron2020 11,651]

If she has a valid F1 Visa & still attend to a college. I see no problem, there is no risk & she can travel as many times as she likes while her Immigrant Visa pending.

Enjoy your trip... please keep us posted.

How can you say this?

Her situation has fundamentally changed. When she was issued the F-1, she did not have a US husband. Once she got the F-1, she got a US husband. Her ties to her home country has weakened and her ties to the US are stronger upon marrying a US husband.

Upon her next entry, she will not be evaluated like she was when she first got her F-1. The CBP officer will evaluate her situation as it is, not as it was.

If this was your wife, would you risk her leaving the US with the possibility she may not be allowed to reenter now that she has a US husband?