Hello, I am a LPR and still have 4 more years before I am eligible to naturalize and become a US citizen. My I-130 petition for my spouse was approved today. It might take a couple of years for our priority date to become current. My question:...
As you are likely aware, entry in F-1 status requires "nonimmigrant intent." Being the beneficiary of an approved I-130 Immigrant petition is in direct conflict with this required nonimmigrant intent. If the government officials are aware of the fact that your husband is the beneficiary of an approved I-130, he may well face difficulty proving his nonimmigrant intent. However, if your husband has a valid F-1 visa stamp in his passport, the issue of the approved I-130 may not come up at the time of his presentation for admission. He should, however, be sure to answer all questions honestly. If he does not have a valid visa stamp and will need to apply for one abroad, the issue of the approved I-130 will likely come up and lead to a potential denial of the visa application.See question
Does the time starts from when I got my petition approved or when I first landed in US?
It is only the time that you are physically in the United States that counts against your 5-year cap. Your employer must file an extension petition prior to your current expiration and can apply for an extension up to two years in length. If this includes time outside of the U.S. that you are attempting to recapture, you will have to provide documentary evidence such as copies of passport exit/entry stamps.See question