Q: My spouse submited I130 and was approved. He has an I120 and a valid passport, can we travel to Vietnam ?
My husband and i got married last year and we applied for I130 around march. This year i applied for my Naturalization, i am waiting for my interview. However around the summer when i am done with my naturalization we want to travel to his hometown Vietnam. He has a valid F-1 visa, I120 and a valid passport, would it be safe for him to travel? We are planning on waiting to submit his paperwork when we come back from our travels.
A:
Definitely not! Does he even possesses a non-immigrant F-1 student visa? A form I-20, among other documents, allow him to seek an F1 visa at a U.S. Embassy or Consulate. Find out whether and/or which visa foil is in his passport!
The CBP must presume immigrant intent if he has and tries to use an F1 visa. He is married to a lawful permanent resident seeking naturalization. As a result, he will not overcome the presumption of immigrant intent for the purposes of the visit.
This means that CBP should deny admission, cancel his non-immigrant visa (if any), and summarily exclude him. He may even be charged with fraud for non-immigrant visa misrepresentation.
I strongly recommend an appointment for teleconference with a competent and experienced immigration attorney before there are further applications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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