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!
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.