What happans if my spouse goes back home while her case is pending?
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What happans if my spouse goes back home while her case is pending?
I’m a US lawful permanent resident becoming a citizen next year. I’m married to a F-1 student. I filed an immigration petition (I-130) for my spouse 10 months ago. So we have been waiting for the immigrant visa number to become current. Can she wait there? We worry because her I-20 will expire in 8 months, she will be studying in language school for 3 years by that time and probably won’t be able to get a new I-20. That means that she won’t be able to maintain her legal status here?
Asked on January 7, 2013 under Immigration Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
So long as your spouse's visa is current for this country she can come and go as she pleases. The concern is that if her visa expires while outside this country she will be unable to return to it. She can wait for the status of the I-130 visa from outside this country.
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