Slim chances I know but...

[lizka 3]

I'm thinking since my husband and i did everything very legally and by the book, meaning getting married in Miami and then he returned to Spain to file paperwork, instead of just staying in the US and filing from here. So, since we aren't hearing anything back about the NOA2 and or congresswoman is not helping one bit, just telling us that immigration takes years sometimes and telling me that he needs to not give his hopes up about coming here anytime soon (yeah, these people are THAT horrible). Anyways, he needs to start school this summer for a full paid scholarship to his choice of ivy league graduate school. If he got a letter of support from his school, maybe the USCIS would be willing to allow him entry on a student visa. If NOA2 doesn't come by the end of the month, I would like to venture into a student visa option.

YES, i know that this is a non-immigrant visa and he has to prove that he will return, however, I think the sheer fact that we've been doing this process very by the book is proof enough. We don't want him to be banned for 10 years, and if by some crazy chance that the 1-130 does not pass while he is in school, he will return back to Spain, and I will go with him.

Does this sound completely not doable, I'm sick of paying lawyers consulting fees of upto 150 each time I have new ides, would appreciate some serious answers friends. Nevertheless, I've made an appointment for tomorrow to check it out.

Thanks :-)

[TimeTravel 78]

It may not be possible for him to get student visa while his CR-1 application is under process. He is considered as intended immigrant. Recently I heard that I-130 may take 6.5 months timeframe for approval, and I would suggest that better to wait for a while.

[alizon 77]

Anyways, he needs to start school this summer for a full paid scholarship to his choice of ivy league graduate school. If he got a letter of support from his school, maybe the USCIS would be willing to allow him entry on a student visa. If NOA2 doesn't come by the end of the month, I would like to venture into a student visa option.

Two other things to consider trying:

1. asking for an expedite on the basis that losing the scholarship would constitute severe financial harm (get evidence from the school about how much the scholarship is worth). It's a long shot, but it doesn't hurt your petition if you ask and are denied an expedite.

2. Let the university know what is going on and either ask immediately for deferment of his enrollment and funding (I know my own school allows this) or ask if they'll let him defer later if/when it becomes evident that he won't make it in time for school.

[Ryan H 3,818]

Moved from IR-1/CR-1 Progress Reports to Student & Exchange Visitor Visas forum. OP is inquiring about whether or not it is possible for a student visa to be granted to an individual who is the beneficiary of an immigrant visa petition.

[Boiler 45,797]

Two other things to consider trying:

1. asking for an expedite on the basis that losing the scholarship would constitute severe financial harm (get evidence from the school about how much the scholarship is worth). It's a long shot, but it doesn't hurt your petition if you ask and are denied an expedite.

2. Let the university know what is going on and either ask immediately for deferment of his enrollment and funding (I know my own school allows this) or ask if they'll let him defer later if/when it becomes evident that he won't make it in time for school.

I would go along with the above.

The Student Visa is a longer shot but I can see no harm trying.