Can I still enter USA with my visa?

[JJ1989 0]

Hello community. I am a Bulgarian citizen who is married to US citizen and I have a pending I130 for 2 months. My husband currently lives in new york city and he cannot visit me because of his work.

I had a valid 3 year F1 student visa. Expires 2026.

I had my visa 2 years ago and I used it to study 1 year at a lab program in the USA then I returned back to my country.

My I20 was terminated because I had to drop school. I never overstayed or worked or did anything illegal.

Now I got accepted by another school who can issue me a new I20 for 1 year.

 

My 2 questions:

1 - Can I use my current unexpired visa(even though it was issued for another school but it is still valid) with a valid I20 from new school. Can i enter USA with my first still valid visa and a valid I20 from new school? 

2 - Because I have a pending I130(green card through marriage) is there a risk of getting banned at the airport? My husband is my sponsor and I will be stay with him during my school, and I will return to my country when embassy schedules interview to complete I130 process. We just want to spend the process together while I'm school then I complete I130 process in my country when interview is scheduled. Is this common or acceptable? 

 

Thank you if anyone can provide advise. 

[Mike E 11,739]

2. Yes.

 

3 minutes ago, JJ1989 said:

We just want to spend the process together while I'm school

This reads like you want to use your F-1 visa to visit. If so, you have the wrong visa.

[JJ1989 0]

2 hours ago, Mike E said:

2. Yes.

 

This reads like you want to use your F-1 visa to visit. If so, you have the wrong visa.

hi, I will use my visa to attend the school and complete my degree but I want to stay with my husband while staying so we can be together because it doesn't make sense to live separately in same country. 

[SalishSea 17,829]

2 hours ago, JJ1989 said:

Hello community. I am a Bulgarian citizen who is married to US citizen and I have a pending I130 for 2 months. My husband currently lives in new york city and he cannot visit me because of his work.

I had a valid 3 year F1 student visa. Expires 2026.

I had my visa 2 years ago and I used it to study 1 year at a lab program in the USA then I returned back to my country.

My I20 was terminated because I had to drop school. I never overstayed or worked or did anything illegal.

Now I got accepted by another school who can issue me a new I20 for 1 year.

 

My 2 questions:

1 - Can I use my current unexpired visa(even though it was issued for another school but it is still valid) with a valid I20 from new school. Can i enter USA with my first still valid visa and a valid I20 from new school? 

2 - Because I have a pending I130(green card through marriage) is there a risk of getting banned at the airport? My husband is my sponsor and I will be stay with him during my school, and I will return to my country when embassy schedules interview to complete I130 process. We just want to spend the process together while I'm school then I complete I130 process in my country when interview is scheduled. Is this common or acceptable? 

 

Thank you if anyone can provide advise. 

Why not just get the proper visa for visiting?   It sounds like you’re doing something sketchy here, which could cost you your visa.

[Mike E 11,739]

13 minutes ago, JJ1989 said:

hi, I will use my visa to attend the school and complete my degree but I want to stay with my husband while staying so we can be together because it doesn't make sense to live separately in same country. 

But you did not lead with that message. The first message says otherwise. 
 

So get a B visa.

[JJ1989 0]

30 minutes ago, SalishSea said:

Why not just get the proper visa for visiting?   It sounds like you’re doing something sketchy here, which could cost you your visa.

 

17 minutes ago, Mike E said:

But you did not lead with that message. The first message says otherwise. 
 

So get a B visa.

thank you, i need to use my f1 visa because i want to finish my degree, it is for school. i don't think I can study at a school with tourist visa, my goal is to finish the degree but while studying i want to be with my husband because we are married and he lives in the same state with my school. still thank you for replies. 

i just read mixed reviews about this subject

[millefleur 5,046]

**Several hijack posts on other threads were removed. Please keep all discussion around your question to this thread.**

 

VJ Moderation

[Redro 4,611]

3 hours ago, JJ1989 said:

 

thank you, i need to use my f1 visa because i want to finish my degree, it is for school. i don't think I can study at a school with tourist visa, my goal is to finish the degree but while studying i want to be with my husband because we are married and he lives in the same state with my school. still thank you for replies. 

i just read mixed reviews about this subject

This question has come up several times in the last month. People have a USC partner and want to return to the US on an F1 visa that is still valid. As long as you have the correct documentation to enter the US you should in theory be fine. No one can tell you what will happen, but if you decide to follow through. Please return and give us feedback as this will help

 others in a similar situation. 

[totellthetruth 1]

7 hours ago, JJ1989 said:

Hello community. I am a Bulgarian citizen who is married to US citizen and I have a pending I130 for 2 months. My husband currently lives in new york city and he cannot visit me because of his work.

I had a valid 3 year F1 student visa. Expires 2026.

I had my visa 2 years ago and I used it to study 1 year at a lab program in the USA then I returned back to my country.

My I20 was terminated because I had to drop school. I never overstayed or worked or did anything illegal.

Now I got accepted by another school who can issue me a new I20 for 1 year.

 

My 2 questions:

1 - Can I use my current unexpired visa(even though it was issued for another school but it is still valid) with a valid I20 from new school. Can i enter USA with my first still valid visa and a valid I20 from new school? 

2 - Because I have a pending I130(green card through marriage) is there a risk of getting banned at the airport? My husband is my sponsor and I will be stay with him during my school, and I will return to my country when embassy schedules interview to complete I130 process. We just want to spend the process together while I'm school then I complete I130 process in my country when interview is scheduled. Is this common or acceptable? 

 

Thank you if anyone can provide advise. 

 

Hello 

Yes, it is possible to enter the U.S. on an F-1 visa even if an I-130 is filed and in process. However, you must show that you intend to stay in the U.S. only temporarily and leave at the end of that period. You must also show that you will apply for your green card at the consulate and have an appropriate document ready.

but according to your plans, you want to use the F-1 visa and stay in the US as a student, and if -130 is approved, you want to return to Bulgaria for your I-130 interview ... right?  if so, you must know that you are not the only person thinking about it, unfortunately,  YOU CAN'T DO THAT . and be in the U.S together  and if USCBP is convinced that you are only visiting for a short period of time, you can enter, if not, they can just cancel your F-1 visa and put you back on a plane and send you back to Bulgaria.

a new school with a new I-120 ? dont even think about it. that can let you get deported... YOU CANT STAY IN THE U.S for long time but temporarily. Do you think if you were USCIS you would find that acceptable?  I would definitely NOT do that because USCIS and their process doesn't work that way, but at the same time, it's Biden times and the country has no borders so they may not even question you or question but let you in. but I strongly doubt that so prepare yourself and say I'm JUST VISITING .

 

So Again, it is possible to visit the US, but after passport control it is more likely that you will have a second inspection and then you will have to prove that you are only here for a short time and not meant to be an immigrant  -intended immigrant  and convince the USCBP , btw, most people think that they have everything when they are married to a US citizen, and they can do what they want.  NO ...Their marriage has nothing to do with immigration and is invalid without a process. You can be married to a U.S. citizen and live in your own country or you can be married but never apply for U.S. residency. You can also be married and divorced and as long as you never applied for an immigrant visa, nothing happens.

 

Good luck

 

 

[retheem 564]

On 7/8/2023 at 12:48 PM, JJ1989 said:

Hello community. I am a Bulgarian citizen who is married to US citizen and I have a pending I130 for 2 months. My husband currently lives in new york city and he cannot visit me because of his work.

I had a valid 3 year F1 student visa. Expires 2026.

I had my visa 2 years ago and I used it to study 1 year at a lab program in the USA then I returned back to my country.

My I20 was terminated because I had to drop school. I never overstayed or worked or did anything illegal.

Now I got accepted by another school who can issue me a new I20 for 1 year.

 

My 2 questions:

1 - Can I use my current unexpired visa(even though it was issued for another school but it is still valid) with a valid I20 from new school. Can i enter USA with my first still valid visa and a valid I20 from new school? 

2 - Because I have a pending I130(green card through marriage) is there a risk of getting banned at the airport? My husband is my sponsor and I will be stay with him during my school, and I will return to my country when embassy schedules interview to complete I130 process. We just want to spend the process together while I'm school then I complete I130 process in my country when interview is scheduled. Is this common or acceptable? 

 

Thank you if anyone can provide advise. 

You can, just be smart about what you are doing.