Student visa & anulment

[Brian121957 43]

Are we missing anything?

Is there an easier way?

Here is background:

I am US citizen, divorced. She is Philippine citizen, married.

We plan to start process for her marriage annulment but anticipate 1 to 2 year delay.

Until then we can’t use Spouse or Fiancée visa.

We plan to enroll her in a 4 year collage program and use student visa until annulment is final.

Then marry and proceed as normal.

If annulment is rejected with her degree she can now qualify for a preferred permanent work visa and marriage is not required.

[gina_raluca 14]

Are we missing anything?

Is there an easier way?

Here is background:

I am US citizen, divorced. She is Philippine citizen, married.

We plan to start process for her marriage annulment but anticipate 1 to 2 year delay.

Until then we can’t use Spouse or Fiancée visa.

We plan to enroll her in a 4 year collage program and use student visa until annulment is final.

Then marry and proceed as normal.

If annulment is rejected with her degree she can now qualify for a preferred permanent work visa and marriage is not required.

Other than her misrepresenting her intent in coming to the US, not much!

[Norm and Grace 0]

Are we missing anything?

Is there an easier way?

Here is background:

I am US citizen, divorced. She is Philippine citizen, married.

We plan to start process for her marriage annulment but anticipate 1 to 2 year delay.

Until then we can’t use Spouse or Fiancée visa.

We plan to enroll her in a 4 year collage program and use student visa until annulment is final.

Then marry and proceed as normal.

If annulment is rejected with her degree she can now qualify for a preferred permanent work visa and marriage is not required.

Why not move to the Philippines and when she is granted her annulment then marry her. Its quicker to do a direct file at the embassey for her spoue visa. I would keep this very strait and narrow and not get shady. It's not worth getting banned for life.

[Brian121957 43]

As you may know there is NO Philippine divorce. Only annulment and that is not guaranteed to happen. I wish I was independently wealthy but I need my US size job to pay my US size debt.

[Boiler 45,486]

How is she going to fund her studies?

[Brian121957 43]

I can fund it as long as I stay with my US Job, Full time tuition and books at the Collage we are looking at is about $4000 per year. She will stay with me so housing is covered. If she can get an I-20 and work in field of study that is just extra.

She will have kids back in Philippines that will stay with her parents as further indication of her intent to return to the Philippines.

[Boiler 45,486]

Sounds like it would be a very long shot, but no harm trying, it will not impact a subsequent immigrant application.

[Darnell 8,478]

I can fund it as long as I stay with my US Job, Full time tuition and books at the Collage we are looking at is about $4000 per year.

You might want to recheck that amount -

as international students on student visas pay international rates.

4000/year is not any international rate, at all.

[Brian121957 43]

Good catch, yes the rate was wrong, correct number for international student was $6000

[Darnell 8,478]

and that's it, for one years worth o tuition ? yer blessed, then. for most, is around 40,000/year at public universities.

[Harsh_77 718]

Yes – you are missing few things in here, first like everyone mentioned she will have to pay international tuition, which normally is 3 times the normal tuition.

She would not be eligible for much of scholarship or loans or anything being an international student.

She will get I-20 irrespective, as soon as she is applying for F1, without I-20 you cannot get F1 visa. On that she can only work on campus for 20 hrs a week, just so you know that she cannot work in her field.

The most important is you are deceiving the immigration, which somewhere or other would catch up on you making your life more miserable.

Like most recommended best option is get the annulment first and then either go for spouse or get married and keep it straight and clean.

[Brian121957 43]

The tuition rate is for a community collage. Not the most prestigious institution, but that was not the point of picking it.

It does have programs for international students and is local.

[Boiler 45,486]

That may come to the Consulates attention.

[sachinky 465]

I think you need to look into the phase 'material misrepresentation.'

Using a student visa to enter the U.S. with an intent to marry and stay is visa fraud.

Any way, with her boyfriend funding her studies, I doubt she will be issued a F-1, to begin with.

If annulment is rejected with her degree she can now qualify for a preferred permanent work visa and marriage is not required.

Also, just as a point of interest, H-1B visas are not handed out like candy to community college any-random-bachelors-degree holders.

Edited July 14, 2010 by sachinky

[Harsh_77 718]

The best option is that the get her annulment first and you guys wait until then. After that you can file for the fiancée visa for her and once that’s approved she can travel to US.

Other options of bringing her as a visitor or student are a visa fraud and you knowing lied in your application.

If caught, this will always stay on her file and can create her problems all along.