CR-1 vs F1 or J1

[lizka 3]

Hello everyone, my husband and I just got married in April, and we were going to wait for me to finish my masters so that I can move to Spain.I got a full scholarship, otherwise, I would have moved to Spain directly. However, on a whim, he applied for a private scholarship in Spain, and got it! He will be able to get his masters in the school of his choosing starting next fall in the United States. My fear is however, that our CR-1 won't be processed in time, which is why I'm thinking that we can do an F-1 visa since we don't have any paperwork in the 'system' yet. I understand the bureaucracy, but we are intelligent hard working people trying to make a better life for ourselves, isn't there any loophole? If the CR-1 isn't done by next August, he will lose the full scholarship. I am currently in Madrid for the summer, but don't have residency. Do you think we can do direct consular filing due to the circumstances. I don't return until the end of the summer and want to get this over with. Would getting an immigration lawyer help? Thank you all. Also, if he applies for a J1 instead of an F1 that has a requirement of two years back in Spain, but I hear there is a waiver. We are still unsure about Spain or the US, whatever has the job offer is what we'll take, we have no idea right now, what will happen in three years after he gets his masters. thank you again!

[Penguin_ie 5,993]

Do you mean August 2012? If you file now, and there are no major issues (no waivers needed etc), he should have his CR-1 well before that. You don't have legal residency and haven't been in Spain 6 months, so DCF is out.

[canadian_wife 1,820]

Honestly, with a USC spouse he is unlikely to be given an F-1 visa (or a J-1). He will absolutly have to show ties to Spain and show how he intends to return to spain after his F-1 expired...does he intend to do that?

Cr-1 is your best bet. File now

Good luck

[lizka 3]

We don't know about going back to Spain, as I mentioned, whatever shows the best prospects, so there is no intent to stay in the US per say. So technically we aren't doing anything illegal. He has a great job in Spain now, but the scholarship trumps that, however he may very likely return there, we just don't know. Do you all recommend a lawyer to do the CR-1?

[Penguin_ie 5,993]

Unless you have difficulty reading, interpreting and filling in forms correctly, I'd counsel against a lawyer, they slow things down.

[Anh map 2,098]

We don't know about going back to Spain, as I mentioned, whatever shows the best prospects, so there is no intent to stay in the US per say. So technically we aren't doing anything illegal. He has a great job in Spain now, but the scholarship trumps that, however he may very likely return there, we just don't know. Do you all recommend a lawyer to do the CR-1?

Don't try to outsmart the immigration process. Every person applying for any US visa is considered to have immigrant intent. Being married to a USC raises that bar a bit higher.

The only thing an attorney can do for you is fill in forms. Assuming that you do not make mistakes completing a form the lawyer will not make the process faster or smoother.

Discussing your thoughts and plans with a qualified immigration attorney may help you to chose the best path.

[Harsh_77 718]

We don't know about going back to Spain, as I mentioned, whatever shows the best prospects, so there is no intent to stay in the US per say. So technically we aren't doing anything illegal. He has a great job in Spain now, but the scholarship trumps that, however he may very likely return there, we just don't know. Do you all recommend a lawyer to do the CR-1?

No you are not doing anything illegal by applying for F1 or J1. However having a USC spouse it makes it extremely difficult to get any kinda visa.

CO would look at his attempt to circumvent the CR1 process.

Your best bet is apply for CR1 and its definitely not going to be processed in one month if you are talking about Aug 2011.

You are not a resident in Spain thus DCF is ruled out for you and you cannot apply for DCF.

[milimelo 4,475]

You can always defer start of school with department's approval - for a semester or a year.

[lizka 3]

His school starts in August 2012 not 2011, maybe I'm just worrying too much. Just that I don't want him to lose his chance with this incredible scholarship, can he come visit me during the i-130, so we can go check out the school he will be going to? Can we just apply for the F-1 and I-130 simultaneously. Sorry, I'm the worrier in the relationship, so I just want to make sure everything is taken care of, I really really don't want the fact that we just got married prevent him from this incredible opportunity, it just isn't fair. Also, since he is from Spain and doesn't even need a tourist visa, is that something that is looked on in a positive light by the consulate. I have a friend that had this process with Vietnam and told me horror denial stories, are the decisions country based? Thanks you guys for all of your help. Just really very nervous.

[Harsh_77 718]

His school starts in August 2012 not 2011, maybe I'm just worrying too much. Just that I don't want him to lose his chance with this incredible scholarship, can he come visit me during the i-130, so we can go check out the school he will be going to? Can we just apply for the F-1 and I-130 simultaneously. Sorry, I'm the worrier in the relationship, so I just want to make sure everything is taken care of, I really really don't want the fact that we just got married prevent him from this incredible opportunity, it just isn't fair. Also, since he is from Spain and doesn't even need a tourist visa, is that something that is looked on in a positive light by the consulate. I have a friend that had this process with Vietnam and told me horror denial stories, are the decisions country based? Thanks you guys for all of your help. Just really very nervous.

You can file for I-130 and apply for F1, legally there is nothing stopping you. As mentioned earlier chances of his F1 getting approved are very small.

Can he visit on I-130 and use his VWP, 100% would he be able to enter the country that upto the CBP officer at the POE.

Coming from VWP country does not change anything when one applies for any kinda visa, only advantage for ppl from VWP country is when they are only looking to travel to US as tourist they dont have to apply for tourist visa.

[lizka 3]

You can file for I-130 and apply for F1, legally there is nothing stopping you. As mentioned earlier chances of his F1 getting approved are very small.

Can he visit on I-130 and use his VWP, 100% would he be able to enter the country that upto the CBP officer at the POE.

Coming from VWP country does not change anything when one applies for any kinda visa, only advantage for ppl from VWP country is when they are only looking to travel to US as tourist they dont have to apply for tourist visa.

Another question, if he applies for the F1 visa simultaneously with the I-130 is that going to look bad? Meaning if they see that he is applying for both visas, will that raise questions and mean a denial of both? I understand that most likely he will have the F1 denied, but just want to make sure that we have the option of applying for both, we just got married, and this is a life changing experience, but so is this scholarship for the both of us, I really want him to be able to go, but I am worried that with all this visa stuff, he may be significantly delayed if not deterred. You guys are awesome, thanks for your responses!

[canadian_wife 1,820]

Denial of both? No, but the issue is still the same, applying for an F-1 visa with a spouse in the US with no absolute proof that he'll return will raise the bar for a non-immigrant visa

This bar is raised higher with an immigrant visa pending. A NON-immigrant visa is for people who intend to return to their home country after the visa is completed, an F-1 is a non-immigrant visa. If he doesn't fully intend to return, then your only option is an immigrant visa

When I went through the F-1, I wasn't married to a USC and was quiet suprised at the expectations to prove I'd return to Canada - and Canadians are offered much more leniency when applying for student visas then other countries

Good luck

[lizka 3]

Okay, I suppose that this all makes sense, but he can go freely to school in the states with the funding of a Spanish Bank on a CR1 visa? They don't care about that? The funding is not from a government agency so there are no requirements to return to Spain, but we both may do so, since we will both have our masters in less than three years :-) Everything is up in the air except for our wanting to be together and be successful together.

[canadian_wife 1,820]

Paying for school is up to the school, not the government

Once issued the Cr-1 visa he will enter the US and automatically become a PR of the US - he will not longer be on a visa

Good luck