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will i be denied reentry?

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  • will i be denied reentry?

    My wife ( US citizen ) and I have been married for 4 months already. I am in the U.S. on a student visa and currently attending school.
    I would like to go home for the holidays but I heard that I could be denied antry back into the country because an F-1 visa is a non-immigrant visa and because I am now married to a US citizen, I am considered a potentional immigrant. Is this correct?
    Thank you

  • #2
    That is correct. You need to file for your green card and in the process apply for an advance parole. Do not leave using your non immigrant visa, chances are 95% of being returned.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Ok, I will not leave then. My wife and I are planning to go to my home country this summer. Do you think that it is a good idea that I apply for an immigrant visa in my country through the consulate?I read on their website that it usually takes 6-8 weeks to process the paperwork. We are planning to be in Europe for 3 months.

      Thanks

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      • #4
        It takes 8-10 MONTHS for an immigrant visa to be processed outside of the USA. Plus if you are stuck in the FBI namecheck, then it may take years.

        You do not want to go that way, apply for your Greencard INSIDE the USA.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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