Hmm. Which visa?

[BBCC 16]

Hello,

Friends of our's want to come to the US. He is a USC and will attend graduate school. She is a non-resident alien from a non-visa waiver country.

Neither want to live permanently in the US upon completion of his studies. She does not want to maintain the future residency and other burdens of a Green card. A green card does not seem like a good fit since they will leave the US upon the completion of his studies and not return.

What non-immigrant visa options are available to them?

Comments and suggestions appreciated.

Thanks!

Edited March 16, 2012 by BBCC

[TimeTravel 78]

What are their relation? Are they boyfriend/girlfriend or married couple?

[BBCC 16]

ah, good question.

They are newlyweds.

Thanks.

[Penguin_ie 5,995]

You posted this in the student visa section, is she intending to go to college too? If so, she can get her own student visa.

How long are his studies? If only a few months, might be best to try for a tourist visa for the wife.

Is it important that she can work? If working is important, unless she has skills enabelling her to get a work visa, going through the greencard process may be the best option, especially if he will be in the US a few years. No problems abandoning greencard later or, ideally, if he is going to be here 3+ years, get US citizenship and then don;t have to worry about travel and residency etc.

[Boiler 45,797]

They could try for a B2, but the PR route has much more certainty.

B2 would only be good for 6 months.

[BBCC 16]

She won't attend college. He is in a graduate program lasting at 2-3 years.

B-2 seemed the only other option to me as well. But, technically, I'm not sure the purpose fits the B-2 category.

There seems to be a void in visa availability for foreign spouses of USCs where both are not residing in US, where both do not want to remain in the US beyond some short/defined duration.

PRC is certainly the easy route. Just seems like a waste and complication to get it and then abandon it at some future date.

[Boiler 45,797]

There is no void, 2 or 3 years is immigration.

[BBCC 16]

Is it important that she can work? If working is important, unless she has skills enabelling her to get a work visa, going through the greencard process may be the best option, especially if he will be in the US a few years. No problems abandoning greencard later or, ideally, if he is going to be here 3+ years, get US citizenship and then don;t have to worry about travel and residency etc.

She doesn't have a clear plan of whether or not to work while her husband attends graduate school. Since her stay would be longer than six months, I suspect eventually her entry would be cut off on a B-2 as she attempted to stay for the 2-3 years.

Thinking further about this void, looking at the big picture, I can understand why this void exists. Perhaps any further non-immigrant categories for longer stays of non-resident spouses merely opens up for more visa fraud and overstays.

PRC sounds like the best option. Then abandon once his studies are completed.

I realize some may think that isn't the intended purpose of the Green Card category but both the acquisition and the abandonment are legitimate, legal options available. It also places the Green Card holder into a proper legal status in the US and contributing, tax-paying entity of American society.

Thanks for the feedback.

Edited March 16, 2012 by BBCC

[Boiler 45,797]

There is no minimum stay requirement for filing a PR, could be just a day.

Who knows what the future will bring.

[aaron2020 11,651]

With his graduate program lasting 2-3 years, the green card (legal permanent residency) is their only viable option.

Having a US citizen husband will make it harder for her to get a B-2 visitor visa or F-1 student visa.

With a B-2 visitor visa, her legal time in the US will be decided by the CBP at the POE. She will be limited to 6 months on any visit. She may not be allowed to re-enter the US if the CBP feels she is abusing the B-2 to live in the US. She will not be able to work or attend school. She will be bored out of her mind with nothing to do while he attends classes.

With an F-1 student visa, she could stay in the US for the duration of her studies. However, she cannot work her first year and her employment options are limited; she cannot take any job.

The best route for a 2-3 years stay in the US is to obtain a green card.