Travel on Expired F-1 Visa

[ridonc]

Hi All, Thanks in advance. My wife came here on a tourist B1/B2 visa and she has travelled on it 3 times. She is from Brasil. She also has an F-1 Student Visa. I am a US Citizen. We were married this past September and she has not gone to school since that time. Our I-130 was accepted back in December, but it is now 6 months since she has gone to school and we need to goto the Dominican Republic for my brothers wedding in early April. We sent in the I-485 but it has not since been accepted or been processed that we know of.

My question is, what are the chances of her being able to get back in the country after the wedding? Can she just travel on the B1/B2 Visa? Is her F-1 Visa definately expired? What is the best way to ensure she does not get rejected entry. Thanks!

[bakstol]

When she got the F1 visa, the B visa got cancelled it's automatic even if they don't tell you. If she didn't go to school then she probably violated the F1 visa unless she withdrew officially from the school. If she violated the visa, that's very bad. If she withdrew then her F1 is probably cancelled. If the F1 was cancelled then she probably has unlawful presence, which is even worse. Thankfully, she I-130 is approved so all the bad is cancelled out and forgiven. Either way, she can't travel to the US on the F1 and she can't travel to the US on the B visa. If she has nothing else in the passport she can't come back. Talk to a lawyer.