Student visa for spouse of permanent resident who is currently residing outside usa

[StudentVisaSeeker 0]

Hi,

I have read the whole thread and found similar topics but none of them helped me answer my case.

I am an Indian and was married in India to a USA permanent resident in year 2010. My wife got the green card in Year 2003 through her family in USA. Since then, my wife has been maintaining her green card by visiting USA regularly but she completed her studies and has worked in India only. Currently, she is completing her MBA from India.

I am planning to go for higher studies, MS from a reputed US University.

I understand that I clearly show an intent to immigrate being a spouse of green card holder. However, at the time of my student visa interview, sometime next year i.e. 2012, my wife would have completed her studies in India and will take a job in India itself. And I intent to come back after my course gets over.

The problem is how should I convince the immigration officer that I intent to come back? Is it even worth trying for a student visa?

Please let me know if you know someone who went through a similar ordeal.

Thanks!

[SimranS 9]

As the Indian spouse of an LPR, you have virtually zero chance of being granted a student visa.

Simply "visiting the US regularly" also may not be enough for your wife to maintain her GC in the future. In order to keep the GC you have to live in the USA, not just visit. If she works and lives in India she risks losing her GC at any time if she is suspected of abandoning her residence when she reenters the USA. The risk is even greater now that she is married to an Indian citizen living in India, and visits the US by herself.

[Penguin_ie 5,993]

Since you two do not intend to live in the USA, your best option may be for her to formally give back her greencard.

[Harsh_77 718]

If she is goingto stay in India and work in India, it would be good idea for her to give up her GC and then you can apply for student visa.

Which could convience the CO that you do have intentions of returning back to India, other then that there is not much chance of getting a student visa.

[Jojo92122 1,924]

Hi,

I have read the whole thread and found similar topics but none of them helped me answer my case.

I am an Indian and was married in India to a USA permanent resident in year 2010. My wife got the green card in Year 2003 through her family in USA. Since then, my wife has been maintaining her green card by visiting USA regularly but she completed her studies and has worked in India only. Currently, she is completing her MBA from India.

I am planning to go for higher studies, MS from a reputed US University.

I understand that I clearly show an intent to immigrate being a spouse of green card holder. However, at the time of my student visa interview, sometime next year i.e. 2012, my wife would have completed her studies in India and will take a job in India itself. And I intent to come back after my course gets over.

The problem is how should I convince the immigration officer that I intent to come back? Is it even worth trying for a student visa?

Please let me know if you know someone who went through a similar ordeal.

Thanks!

Two red flags on your wife's legal permanent residency status.

First, a US legal permanent resident is REQUIRED TO PERMANENTLY RESIDE IN THE US unless the LPR. She could lose her status by living in India with visits to the US. Google "maintaining legal permanent residency." Too many people believe wrongly that they can live outside the US and use their green card as a tourist visa.

Second, US citizens and LPRs are required to file US tax returns on all worldwide income. Has your wife been filing her US tax returns? The failure to file US tax returns could be viewed negatively in determining her abandonment of her green card.