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.
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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