brothers problem

[love2win 1]

Hello,

sorry if I'm asking a dumb question, but I'm conserned about my brother

I was an international student until I got married and I'm on the way of AOS. My brother just finished with High School and is trying to come to the US for College. He got the I20 .... Do you think that they might refuse him the visa if they check that I'm a foreign spouse?

I hope not because that will be sooooo bad because my parents will kill me.

Thank you for your responses

[akdiver 3]

Do you think that they might refuse him the visa if they check that I'm a foreign spouse?

Um...what does one have to do with the other???

Anyway - the answer is "no".

[maya62 7]

In answer to your question, I don't think USCIS bases their decisions about any given individual on the past behaviour of other family members. I could be wrong... maybe someone else has evidence that they do and will offer it here...

I'm curious though. I see from your timeline that your student visa expired in March of 2006, and you married in March of 2008 and filed for AOS this year based on that marriage. Are those two years considered time "out of status"?

And from another post, it appears that your husband is a foreign exchange student here on a student visa, so who is able to sponsor if neither of you are USC's?

I am curious and confused about your situation. Maybe I am misunderstanding something. Care to clarify?

Thanks!

Maya

[mellowgeorge 1]

When I applied for my F-1 visa, they were more concerned about how I'm going to pay for the education. If he's going to receive a scholarship, he should have the documents proving so (and the amount awarded should match up with the calculated expenses on the I-20).

[morocco4ever 63]

Actually the consulates do at times judge your case by someone elses history. My husband has a sister in the US. He also has an ex brother in law. The consulate in Morocco thought that my husbands sister married the ex, then divorced him because it was a fraud marriage. They asked him if she arranged our marriage. He was denied a visa. The truth is that his sister is still married to the man that petitioned her, and the ex brother in law is from a different sister that has never even been in the US. We did win however after 15 months.

That being said, I don't see how the consulates could have any problems in your case. Your brother didn't marry someone, he is coming on a student visa. How can that be in any way connected to your case?

I'm not saying that they won't, we don't know the process of the consulates, but it doesn't seem likely.

[*JG* 2]

No. My husband's sister came to the US on a K-3 just a few years before we started the process. I listed that on the application. No issues. Not even a question about it.

[NickD 203]

I don't know of an easier way to come here than as a college student with money to pay for the full tuition, now if your brother doesn't have the cash, that would be a problem.

My niece and nephew are here from Colombia with scholarships, took my mother-in-law over a year to get a visa. Wife's son is in Venezuela, can get him here instantly as we live only six blocks from a university, any other way is next to impossible or a very long wait, but he doesn't want to leave his girlfriend. A couple of my own kids got instant visa's to study in Japan and Germany, we didn't even have to go to the consulate in Chicago, was all done overnight mail, they both had scholarships.

Just boiled all this down to having cash, money talks.

[GiGii 4]

This depends on how in depth of an interview he's going to have. Some just look into the financial situation to make sure he'll have the financial means to cover expenses while he's studying here. (also saw in your timeline that Malian student visa is only 3 months?? thought that was kind of odd).

What may happen is he'll ask if he has any family in the US. Then when he says he has a sister, he the IO can dive deeper into questioning, how did she get there, etc etc. If he mentions you left on a student visa, a bell may go off, to question further. I think the part about marrying wont be a problem, but if an IO hears you overstayed, he may think your brother will also.

This of course depends on what the denial rate at the consulate he goes to is, if its high, he'll face more scrutiny, so be prepared.

[love2win 1]

Thank you sooooo much for your answers

to clarify some stuff:

I'm the foreign spouse and my wife is from the US. I was on a student visa that expired but it does not mean that I'm outta status or overstying in the US, F1 student are legal to stay in the US until their I20 expires, mine will in 2011. So which means I can stay in the US and be legal untill 2011 as long as I'm a fulltime student.

Maya62: Yes, some part in Africa Student visas are only 3 or 6 months.

GiGGi I don't know what you meant but, I left on a student visa, I'm still in school in good status, never been outta status. Got married in march while I was in status, sent my AOS and now it is pending.

Morro4ever I thought just because I came here as an f1 and then married a USC that they might think that my brother will do the same ...

For the money, there is no problem cuz he will be sponsored by my parents company and he got good grades from High school.

I hope I answered all you questions thanks again

Mashallah!

[Boiler 45,957]

I see no reg flags, you are here legally, he is a genuine student, with the grades and money to support his education.

[GiGii 4]

Thank you sooooo much for your answers

to clarify some stuff:

I'm the foreign spouse and my wife is from the US. I was on a student visa that expired but it does not mean that I'm outta status or overstying in the US, F1 student are legal to stay in the US until their I20 expires, mine will in 2011. So which means I can stay in the US and be legal untill 2011 as long as I'm a fulltime student.

GiGGi I don't know what you meant but, I left on a student visa, I'm still in school in good status, never been outta status. Got married in march while I was in status, sent my AOS and now it is pending.

Extra info cleared it up. Your timeline said F1 expired, so i thought you had some overstay issue.

Your brother should be fine.

[morocco4ever 63]

I don't believe it is illegal to marry while here on a student visa. The key is to not overstay. Of course this is not my area, so it would be wise to check into what steps to follow now that you are married. Make sure you follow the laws to the letter.

As for your brother, simply give him all of your information, as well copies of any papers that show you are here legally. It is much better to prepare him to answer questions on this rather than hope it doesn't come up. I still don't see it as a problem, as long as you are honest and don't try to hide anything.

[bhajishah 4]

student visas our often dependant on country and MONEY of mommy amd daddy

[justashooter 430]

I don't know of an easier way to come here than as a college student with money to pay for the full tuition, now if your brother doesn't have the cash, that would be a problem.

My niece and nephew are here from Colombia with scholarships, took my mother-in-law over a year to get a visa. Wife's son is in Venezuela, can get him here instantly as we live only six blocks from a university, any other way is next to impossible or a very long wait, but he doesn't want to leave his girlfriend. A couple of my own kids got instant visa's to study in Japan and Germany, we didn't even have to go to the consulate in Chicago, was all done overnight mail, they both had scholarships.

Just boiled all this down to having cash, money talks.

student visas are not "immigrant" visas. they don't require health inspection, or as detailed a "name check" as immigrant visas. they are supposed to be used for temporary residency. they do not entitle a person to all of the benefits of an immigrant visa and pursuant AOS.

if a person marries a USC and converts to immigrant classification. he has to complete the process steps before being granted immigration status. that being said, 80% of chinese students never go back to china. lots of them get work visas and subsequent status, marry US cits, but most stay illegally.

case in point, the illegal who "won" the prize at a new york Toys R Us store a few years back. as an illegal, she was inelligeable for the $25K prize. TRU denied the prize, but caved when china said they couldn't open their beijing store, which was under construction, if they didn't pay the prize. never heard what happened to that couple of illegals, but they had an anchor baby, so maybe they're still in new york. i presume that the IRS was in attendance when they picked up the prize.