Student Visa While Waiting for IR-1/CR-1 Vosa

[flicki 0]

I was wondering if it is possible to apply for and enter the US with a student visa (J) while the process of applying for the CR-1 spousal visa is ongoing. Thanks

[lucyrich 20]

I was wondering if it is possible to apply for and enter the US with a student visa (J) while the process of applying for the CR-1 spousal visa is ongoing. Thanks

You can try and apply, but it's unlikely you'll meet the requirements and be granted a visa. In order to get a J visa, you must demonstrate non-immigrant intent. The CR-1 process is pretty good evidence of immigrant intent. See the State Department info page on J visas.

Qualifying for an Exchange Visitor Visa

The Immigration and Nationality Act (INA) is very specific with regard to the requirements, which must be met by applicants to qualify for the exchange visitor (J) visa. The consular officer will determine whether you qualify for the visa. Applicants must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:

* That they plan to remain in the U.S. for a temporary, specific, limited period;

* Evidence of funds to cover expenses in the United States;

* Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.

[MPGGPM 0]

I was wondering if it is possible to apply for and enter the US with a student visa (J) while the process of applying for the CR-1 spousal visa is ongoing. Thanks

It's possible, but difficult.

I assume you are aware that if granted a j-1 visa, you might be subject to the 2 year home residency requirement, which would just create more issues regarding your immigrant visa petition. You would then have to file for a waiver.....which takes anywhere from weeks to months (causing you delays in your CR-1).

If you are set on a j-1, okay...but just want to make sure you are aware of that type of visa's drawbacks, and it's requirements. It seems you might be making things much more difficult for yourselves by applying for it........unless you are 100% certain you wouldn't be subject to the 2 year HRR and wouldn't have to go throught the waiver hassle...or heaven forbid....serve 2 years abroad in your home country when done with your j-1 program..

[simple_male 1]

I was wondering if it is possible to apply for and enter the US with a student visa (J) while the process of applying for the CR-1 spousal visa is ongoing. Thanks

The likelihood of granting the student visa while awaiting the CR-1 process is zero. In order to get a nonimmigrant visa, one has to prove that he/she does not intend to stay in the USA.

[flicki 0]

Thanks for clearing all of this up, the student visa is clearly not an option.

[MPGGPM 0]

I was wondering if it is possible to apply for and enter the US with a student visa (J) while the process of applying for the CR-1 spousal visa is ongoing. Thanks

The likelihood of granting the student visa while awaiting the CR-1 process is zero. In order to get a nonimmigrant visa, one has to prove that he/she does not intend to stay in the USA.

It's more than a zero chance (although I wouldn't put the odds too much higher). I've known someone who was in the process of doing the cr-1, and yet was still granted a student visa in the meantime.

But, I am sure that is not the norm, and doubtful it's something the consulate/embassy will do often.

I guess it all just depends on the circumstances and the case you make to them for them to give someone a student visa while doing a cr-1. It would definately have to be a good argument on behalf of the person applying for one........or as everyone agrees, the chances are close to nil, in getting one.