Form I-130 can be filed on its own before or after the 90-day rule expires and will not trigger the 90-day rule. However, if you file Form I-130, and afterward you travel abroad with F-1 status and return with that same status, you may have trouble re-entering the United States. That’s because immigration officers at U.S. borders and ports of entry (where you would physically enter the United States) have much discretion when screening travelers from abroad. If the immigration officer screening you discovers that you have a spouse in the United States, they are likely to suspect that you intend to live here permanently, which would conflict with the terms of your temporary F-1 visa. In such a case, they may deny you entry or even revoke your F-1 visa, and you likely would need to return to your home country. You would be able to continue the marriage-based green card process from abroad at that point. But later, you’d need to prove to the U.S. government that you did not intend to deceive immigration officers when you returned to the United States as an F-1 student who was married to a U.S. green card holder. With Boundless, get an independent immigration attorney review and unlimited support from our team, 7 days a week. [sv slug="cta-get-started"]