F-1 Visa 美國留學生問題. 急!!! 20分

2008-03-01 11:10 am
希請有專業知識或有相關經驗者解答

我是由香港到美國留學的國際學生, 持F-1 VISA 於2007年7月入境. 同年10月與綠咭持有人結婚, 繼而丈夫為我申請I-130, 現為 PENDING 狀態. 我今年六月希望回香港過暑假, 九月才回來繼續讀書. 哪我有機會因有DUAL INTEND而被拒回美嗎? 近日發現原來PENDING CASE 若離開美國, 除非申請I-131, 否則不能RE-ENTER. 我的CASE 受這個限制嗎? (在有有效的PASSPORT, I-20 和F-1 STUDENT VISA條件下). 若果有問題, 我可以申請I-131ADVANCE PAROLE嗎?

I've studied in the US with F-1 student visa since July2007. In Oct 2007, I have married to a LPR(Permanent Resident, Green Card Holder). He helped me to file I-130 as petitioner. Here's the problem. I want to leave the US for summer and come back in August to continue my studies. Will I be rejected from re-entering the US even with valid student visa and I-20? Will the immigration consider my I-130 application abandoned? Should I apply I-131 Advance Parole?
更新1:

grandtom, may i ask how do you know?

回答 (3)

2008-03-01 9:49 pm
✔ 最佳答案
sorry to tell you, once you submit the application for change the resident status. your i-20, F-1 visa are all VOIDED, and because your i-130 case is in pending, that means now you have no status in USA, you are not required to leave USA, but you also can not re-entry if you left. for example, if you go to HK, you have to stay in HK to wait until your i-130 get approved then you can come back to USA.

there are exception is if you have to leave USA for emigency----------- like
death in family, legel matter, or your sickness. then you can apply the
parole, i believe the parole has time limit too.( 2 weeks or a month, i forgot. )

also, that's a problem : the immigrat officer will start to suspect your marriage is real or not. because it is not normal that a newly married couple will willing to live in 2 seperate places for months. that result will delay your i-130 proccessing, you may only receive the temp. green card( the white card ), it may
takes you 4, 5 years to get the real green card because they think your marriage should be stable after this long waitting period ( or you can have a baby very very soon ).
2008-03-08 7:09 am
Hi, I think you are better to stay in US before getting your greencard, although you have your F-1 visa. Normally you should get your greencard within a year, you applied it on Oct 2007, you should recieve it before Oct 2008. Do not take a risk as you did not know US CIS clearly.

2008-03-07 23:10:36 補充:
I remembered when I applied my greencard in USA, the officer said I should not leave US while I was waiting for my greencard if possible.
參考: us citizen
2008-03-02 7:36 am
Grandtom 所講大致正確.只有兩點要補充.據我所知Advance Parole只係俾公民配偶申請.PR嘅配偶根本冇權逗留美國.(因為要輪配額)何况妳只入境兩個月就結婚.我唔知你當初有冇問人意?Anyway一切已太遲.
另外妳唔存在臨時綠咭問題.因為只有結婚少於兩年得到綠咭至會得到臨時.但妳係PR申請.配額係2A.現時排期約五年.所以呢個唔係問題.反而妳概問題係移民局好唔鐘意妳呢種行為.到interview會為難你.有朋友俾佢地話呢样吳得,個樣吳掂.拖咗好耐.後來佢地BB出世.攞埋出世紙,DNA上移民局嘈.至搞得掂

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