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  1. #1
    Join Date
    Mar 2010
    Location
    Pound, Virginia
    Posts
    9

    Default Can a F1 Holder Reenter on a Previously Issued B1/B2

    I'm currently on F-1 visa, I got married about more than a month ago, to a U.S. citizen. I'm currently gathering all the documents to send in for my AOS. But right now, I would like to go home to visit for a little while. At the same time, I also have a B1/B2 visa that I had applied before I applied for my F-1, which will be valid until next year. What I'm would like to ask is should I stay and send my documents in for my AOS and wait for my possible advance parole, or should I just leave after the semester is over then come back on my B1/B2 visa and then apply for AOS? I just don't know if I could use either one of my visas right now. And since I'll be graduating this May with an associate's degree, my I-20 will be expired in June. So B1/B2 is all I can use to reenter. Thank you for your time.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a F1 Holder Reenter on a Previously Issued B1/B2

    Your F1 was apparently your most recent visa, so under the last action rule you're in F1 status, not B1/B2 status.

    Frankly, that issue aside, I think it would be better to adjust your status without leaving the U.S. than to leave and try to reenter as a tourist, because in association with your entry as a tourist you swear that you have no intent to immigrate - and quite clearly you do.

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