f1 visa green card

[Fxlab 0]

Hi, new here.

I just married a Chinese woman who is in grad school and has one semester left. We go married 2 weeks ago and she left for China. She applied for her F1 and she thinks she will get denied?

She doesn't think she will be able to return to the usa to finish school? Do we have any options?

She filled out F1 application in China last week...hasn't heard back?

How should I proceed? Thank u.

[GurkenSalat 48]

If she doesn't get an F-1, then your only option is CR-1, and that takes a long time to get. Does she intend to stay in the US with you? In that case, applying for an F-1 visa is probably fraudulent, since it is a NONimmigrant visa. You might be undecided and not know yet where you want to end up living... and that's fine, but I don't think applying for an F-1 while married to a US citizen can go very well...

Edited December 28, 2014 by GurkenSalat

[Fxlab 0]

Thank u very much for reply.

What are the chances of the F-1 to get approved?

She will be in us with me. She has one semester of school left and needs the f1 to finish.

Should I contact an attorney? Wait on the embassy answer?

Thank u.

[Boiler 46,123]

Why did she leave for China?

[Fxlab 0]

To visit family. That's it. Returning first week of January for school.

[GurkenSalat 48]

I have no idea what the chances of the F-1 getting approved are. I've gotten 2 of them in the past, but never in this situation. Both approved with no issues and I was only asked about what school I was going to, and what I was studying. The 2nd time I was actually together with my boyfriend who then became my husband, but was never asked (and besides, he was just a bf and we had no plans of marriage at the time, just a good relationship. This was 5 years before we actually got married).

I forget if you have to mention your marital status on the forms. She CANNOT and MUST not lie if that is the case. Bottom line: if they never ask and approve, it might be ok. But if they do ask, she must tell the truth, and then I see very little chance of an F-1 approval. They may ask if she intends to remain in the US.

Can she put her studies on hold if you have to go the CR-1 route? That can take over a year. I know it's painful, but that is the situation you are in...

Oh, and if she INTENDS to stay in the US for you (and knows this already), then I do believe it is fraudulent to apply for an F-1 and personally disapprove (but you don't/should care what I think )

Edited December 28, 2014 by GurkenSalat

[Boiler 46,123]

So she wants to come back for a semester, and then what are your plans?

[Fxlab 0]

She would live here and work. Since we are married we would remain together.

Thank u for all the answers and questions. I greatly appreciate it.

She put on application that she was married on F1 app.

We r not going to lie for sure. We are honest people.

Will a lawyer help?

[GurkenSalat 48]

If she gets the F-1 approved without lying, then great! But if not, then you must file for CR-1 and no, a lawyer would not help. Lawyers have no power over CBP, USCIS, the Department of State or... any of them, really. They can only advise and argue for you, I suppose (never hired one ourselves...)

[Boiler 46,123]

A lawyer would have told her not to have gone home.

But too late.

Let us know what happens.

[Fxlab 0]

Ok. Thanks. This is miserable......

[Fxlab 0]

Ok. Thanks. This is miserable......

[kzielu 1,149]

She would live here and work. Since we are married we would remain together.

Thank u for all the answers and questions. I greatly appreciate it.

She put on application that she was married on F1 app.

Will a lawyer help?

Are you USC or LPR ? If LPR, how is your spouse planning to stay and work ?

[Fxlab 0]

Hi I am a U.S. citizen

[kzielu 1,149]

Hi I am a U.S. citizen

So you posted in wrong subforum, may make people think you're LPR. Anyway, seems like she intend to adjust status after coming back, can be pretty easy denial. Other than waiting to see what happens you don't have other choices, if denied apply for CR-1.