marrying a US national while on F1 visa, need to return? (merged topics)

[Crazy Cat 41,313]

25 minutes ago, tomscan said:

We are simultaneously filing the (rather ridiculous) triumphervate of forms - I-485, i-765 and i-864

Not sure what you mean by that, but marriage to you confers no immigration right, nor does an I-130.  Once an I-485 is filed, she cannot leave the US without abandoning her I-485...unless she has an approved advance parole document in hand.

Edited April 4, 2023 by Crazy Cat

[Crazy Cat 41,313]

One more thing.  She cannot enter the US via an F-1 visa with the intent to stay and adjust status.  That would be visa fraud. Good luck.

[Boiler 44,962]

36 minutes ago, tomscan said:

Hi -  Her student visa expires on 9/30.   Our plans are to continue to live here in the U.S. and pursue path to citizenship (most importantly, the auhtorization to work.)   We are simultaneously filing the (rather ridiculous) triumphervate of forms - I-485, i-765 and i-864

According to your first post she does not have a visa

[tomscan 0]

3 minutes ago, Boiler said:

According to your first post she does not have a visa

No, I clearly stated that she currently has an F1 Study Visa, which she has had since 2019. It expires on 9/30. 

 

From what I gather above, she cannot leave the U.S. and then return home (because the US is home) again at this time, unless without some authorization.  (I dont think AP is the only option, but that's a different topic.)

 

Thanks for feedback advice. 

T

[Allaboutwaiting 2,503]

2 minutes ago, tomscan said:

No, I clearly stated that she currently has an F1 Study Visa, which she has had since 2019. It expires on 9/30. 

 

From what I gather above, she cannot leave the U.S. and then return home (because the US is home) again at this time, unless without some authorization.  (I dont think AP is the only option, but that's a different topic.)

 

Thanks for feedback advice. 

T

Yes, AP is the only option. 

Unless you want to file for a spousal visa while she's abroad. 

[powerpuff 6,469]

6 minutes ago, tomscan said:

, unless without some authorization.  (I dont think AP is the only option, but that's a different topic.)

It really isn’t a different topic. There are only two options: AP or Green card. That’s about it.

[Boiler 44,962]

13 minutes ago, tomscan said:

No, I clearly stated that she currently has an F1 Study Visa, which she has had since 2019. It expires on 9/30. 

 

From what I gather above, she cannot leave the U.S. and then return home (because the US is home) again at this time, unless without some authorization.  (I dont think AP is the only option, but that's a different topic.)

 

Thanks for feedback advice. 

T

Look at your original post you said she came here on a B visa.

[TBoneTX 44,792]

Related threads are again merged.  Please do NOT start further threads on this topic -- comment only in THIS thread in THIS forum.

Edited April 4, 2023 by TBoneTX

[SteveInBostonI130 3,358]

2 hours ago, tomscan said:

No, I clearly stated that she currently has an F1 Study Visa, which she has had since 2019. It expires on 9/30. 

 

 

From your earlier posts, she never obtained a student visa.  She entered on a B2 visa and changed category to student without leaving the US.

 

From your various posts, answers were provided.  I am not sure why you received information that it was ok for your wife to travel home while the I-485 is processing and the I-131 is not approved.  Perhaps you did not explain all the information about your case to them.

 

Your wife can travel back home anytime but she cannot return.  She has no valid visa, according to what you previously posted, and her AOS would be declared as abandoned. 

 

She needs to wait until her AOS or AP is approved if she wants to travel and return.

[powerpuff 6,469]

Send all forms by paper together if you want a smooth process.

[Rocio0010 5,579]

13 hours ago, tomscan said:

No, I clearly stated that she currently has an F1 Study Visa, which she has had since 2019. It expires on 9/30. 

 

From what I gather above, she cannot leave the U.S. and then return home (because the US is home) again at this time, unless without some authorization.  (I dont think AP is the only option, but that's a different topic.)

 

Thanks for feedback advice. 

T

AP IS the only option. 
However, entering the US on a non- immigrant visa with the intent to adjust status is fraud, and she’ll be at CBP’s mercy on whether they will let her in or not.