F-1 visa for spouse of LPR

[TimeTravel 78]

This is incorrect.

As long as she was legally admitted to the US and nothing prevents her from adjusting (i.e., J-1 HRR), then she can adjust.

She can be married, come on a non-immigrant visa, and adjust.

It is called " visa abuse/misrepresentation " if one is coming as non-immigrant with intention to adjust the status.

Misrepresentation will cause denied AOS. Simple!

To OP: Read this thread: http://www.visajourney.com/forums/topic/293743-already-married-going-to-us-as-visitor-to-file-aos/page__st__15

Edited August 27, 2012 by iwaiting

[iamwhatiam80 92]

It is called " visa abuse/misrepresentation " if one is coming as non-immigrant with intention to adjust the status.

Misrepresentation will cause denied AOS. Simple!

To OP: Read this thread: http://www.visajourn...os/page__st__15

@iwating

Go through this link and look at the first point for who can file concurrently:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

USICS itself allows non immigrants to adjust their status.

The only stumbling block is securing the non immigrant visa itself.

[TimeTravel 78]

@iwating

Go through this link and look at the first point for who can file concurrently:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

USICS itself allows non immigrants to adjust their status.

The only stumbling block is securing the non immigrant visa itself.

Filing doesn't guarantee approval. Visa abuse/misrepresentation will cause ban and denied AOS even he/she is a spouse of USC. That is how CO makes decision.

If you have guts, then let your wife file F1, and make a clear note to CO that she is married to LPR, and she wants to go to US using F1 and then adjust the status later. She will be denied for F1 visa right away. Guaranteed!

Edited August 27, 2012 by iwaiting

[iamwhatiam80 92]

Filing doesn't guarantee approval. Visa abuse/misrepresentation will cause ban and denied AOS even he/she is a spouse of USC. That is how CO makes decision.

If you have guts, then let your wife file F1, and make a clear note to CO that she is married to LPR, and she wants to go to US using F1 and then adjust the status later. She will be denied for F1 visa right away. Guaranteed!

Ok dude or whoever you are. I needed some sane advice here and I think i got that from some pretty knowledgeable vjers. Looks like you are just making it a prestige issue now. No one is hiding anything here. Facts are facts.

Its not the question of guts. The law itself provides that option to adjust the status. The non immigrant visa application does ask that question if she has LPR or citizen relatives and she will declare that. If the CO wants to give her the visa, great otherwise I will simply file I-130. As simple as that.

[Asia 2,499]

Wouldn't it be easier for her to come to the US using a spouse visa?

Maybe you should consider that option too.

[Thomas&Cleofe 358]

Wouldn't it be easier for her to come to the US using a spouse visa?

Maybe you should consider that option too.

Because the OP does not want to wait.....that is what this discussion is all about.

OP is looking for a shortcut to bring his wife to USA.

[Thomas&Cleofe 358]

This is incorrect.

As long as she was legally admitted to the US and nothing prevents her from adjusting (i.e., J-1 HRR), then she can adjust.

She can be married, come on a non-immigrant visa, and adjust.

If this is true....then why does anybody apply for a k-1 or CR-1/IR-1 visa???

We should all just attempt to apply for a non-immigrant visa, get married, and adjust status.

MUCH FASTER!

[bigdog 376]

Don't make it difficult, tell the truth and do the process honestly.

[Cesar & Cata 35]

If you are honest in the process you should be ok, even if the most likely outcome is a denial.

You say you are an LPR so you won't be able to AOS anyway, so if she does come on a non-immigrant visa, wont she eventually become an illegal immigrant?

PS. the I130 takes about 2-3 years to complete for LPR, might as well start the process ASAP.Also, once you become a USC you can upgrade your petition to IR1 and have a visa number with no further wait.

Edited August 27, 2012 by Cesar & Cata

[Harsh_77 718]

Lets say, she came to USA using F1 visa, and then met you, then you guys got married, then you guys can adjust the status. Reason: because she didn't intend to stay in US when she came to US using F1 visa.

But you guys are already married, and when she is coming to US on non-immigrant visa then she can't adjust the status in USA. Non-immigrant visa are not meant to adjust the status in US.

Does not work that way, she would be file for AOS here in US without going back to India.

[Harsh_77 718]

Op – All I can advice is don’t lie on the F1 application about being married or not married, tell the truth as this can come and bite you forever.

Assume she gets F1 visa without disclosing she is married to LPR and at later date change the status to LPR and Citizen if this ever gets caught she can be revoked of her citizenship or LPR status.

My 2 cents, she can apply for F1 chances of getting F1 are very very low, mainly being married to LPR and than also depends on what is she doing now and what she wants to come to study etc.

Incase if she gets her F1, she will be able to adjust her status in US to LPR, once you get your Citizenship and file appropriate paperwork.

[iamwhatiam80 92]

Op – All I can advice is don't lie on the F1 application about being married or not married, tell the truth as this can come and bite you forever.

Assume she gets F1 visa without disclosing she is married to LPR and at later date change the status to LPR and Citizen if this ever gets caught she can be revoked of her citizenship or LPR status.

My 2 cents, she can apply for F1 chances of getting F1 are very very low, mainly being married to LPR and than also depends on what is she doing now and what she wants to come to study etc.

Incase if she gets her F1, she will be able to adjust her status in US to LPR, once you get your Citizenship and file appropriate paperwork.

I dont think no one is reading my posts. I have told time and again in my topic that I dont intend to hide anything.

Anyways we decided, she will not be applying for the F-1 visa.

Thank you guys for the advice and no thank you for the sarcasms hurled in this topic.