I am a F1 student, and got married to a US citizen last month. Currently we are planing to apply for my green card. The thing is that I am going to attend an international conference in Europe next month. I am wondering if I can still use my F1 visa that is valid until October for this round trip. For now, we havent submitted any form including i-485. Can we submit all materials before this trip? I am afraid I cannot get my AP before the meeting. So I have to use my visa anyway.
Is there anyone who could give us some suggestion on this situation? Thanks in advance!
If they know youre married to a US citizen youre likely to be refused entry with the F1 visa. How will they know? Usually they wont know, unless you have filed immigration paperwork related to your marriage. However, sometimes they ask. If you say youre not married, theyll record that in the system and then the lie will be caught later when you apply for a green card.
If you submit the I-485 and leave before AP is approved, your I-485 will be cancelled. But you could file the I-485 now and attempt to get emergency Advance Parole. Of course, theres no guarantee it will be approved.
You have no safe and convenient options. Either you miss the conference, or go to the conference and risk being refused re-entry with the F1, or try for emergency AP and hope you get it before its time to leave for the conference.
I fully agree with the previous post.
Also, (from reading a lot of peoples experiences) it is theoretically possible that your IO might notice the (post-marriage) student visa entry in your passport, which will put you in hot water.
Not advisable at all in your circumstance to travel outside US, you can go outside US using a AP after you apply for your adjustment of status only if you have never accrued any unlawful presence in the US totalling 180 days or more in the past.
Can I go abroad using F1 visa after getting married to a US citizen?