F-1 Student Visa. I-130 pending. Can I re-enter the US if I depart?

I have a complicated case and really need help.





I've studied in the US with F-1 student visa since July2007. In Oct 2007, I have merried to a LPR(Permanent Resident, Green Card Holder). He helped me to file I-130 as petitioner. Here's the problem. I want to leave the US for summer and come back in August. Do I still be able to re-enter the US with student visa and I-20? Will the immigration consider my I-130 application abandoned and reject me for re-entering?





What is my status now? Still F-1 student?





Another question. I was told that If Citizen file I-130 will be mush faster than LPR file I-130. My husband will become Citizen in 2011. LPR file I-130 takes 4-5years. Citizen file I-130 will take less than 1 year. Should he cancel this currently pending I-130 and file again after he got citizenship? So that I can maintain my F-1 student status and able to re-enter the US.





Thanks very much!

F-1 Student Visa. I-130 pending. Can I re-enter the US if I depart?
your I130 application will not be considered abandon if you leave US. you may be able to return to US with your student visa as long as your F1 is still valid and you intent to maintain your f1 status when you return to US. however, since you have a pending immigrant petition at USCIS, the immigration officer at the POE may not let you reenter to US as F1 student status does not allowed dual intent.


you are in F1 status if you are still taking full time courses and haven't violated your f1 student visa. pending or approved I-130 doesn't give you any immigrant status in US. you have to maintain non-immigrant status until you are eligible to file I-484/adjustment of status and when your immigrant visa number becomes available.


your husband doesn't have to withdraw or cancel your i-130 petition. when your husband becomes US citizen in 2011, he can upgrade your I-130 petition so that immigrant visa number will be immediately available for you.


if you want to wait for your visa number in US.


good luck.
Reply:You need to file the I-131 which is a travel document but even with the travel document approved, there's no guarantee that you'll be admitted back into the US. This might also cause problems with your pending I-130 because you should remain in the US if you're filing to live there. If I were you, I would stay put. Unless it's really important, you shouldn't leave until your applications are completely approved %26amp; processed.