I-130 and F1 visa related question

[mrlzaq]

Hi,

I have a question about I-130. My wife is holding F1 visa now, and I have green card. After I file I-130 for her, can she still use F1 visa to reenter USA?

Thanks for the help.

[inadmissible]

Maybe, maybe not. She will be subject to stricter scrutiny, and will have to prove that her intent is temporary in nature, and that she intends to depart after her bona-fide non-immigrant stay. She will have to overcome the presumption that she will enter as a student but stay until she can adjust her status based on your immigrant relative petition