LPR filed I-130 for spouse on F1. I-130 approved. Priority Date Not current. Can my spouse travel outside US to visit family?

Asked over 3 years ago - Seattle, WA

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: Can my spouse travel outside the country to visit his family? He is on F1 visa. Will approval of I-130 impose any restrictions on his travel. I am a little afraid that he might be denied re-entry at the port of entry when he comes back as F1 is not a dual intent visa.

Thank you in advance for your suggestions!

Attorney answers (2)

  1. Kevin Lederman

    Contributor Level 7

    Answered . 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.

  2. Nicklaus James Misiti

    Contributor Level 19

    Answered . You are correct, most likely he will be denied reentry.

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