Wife of LPR seeks F-1 visa

[MJ84 0]

Hi All,

I need your advise. I recently got married to a LPR and he is planning to starting the filing process this month.

However we are looking at the option of me applying for a f-1 visa so I can study and be able to spend time together with him while we wait for the process to be complete (I heard approx. 2yrs).

Can I file for this visa in my current situation? Will it affect by B-2 visa?

I need as much information as possible to I can know what my options are, I would not want to jeopardize the approve of the immigrant visa.

Thanks.

[Jawaree 718]

He should file I 130, I don't really think you will get the F1

being married and holding a B2...all these tihngs have to be

disclosed on application

Edited January 6, 2015 by Jawaree

[MJ84 0]

He should file I 130, I don't really think you will get the F1

being married and holding a B2...all these tihngs have to be

disclosed on application

Thanks Jawaree.... I have read where, if I got the F-1 visa, I would have to come back home for 2 years before I can get my immigrant visa? Do you know of this?

[milimelo 4,522]

Thanks Jawaree.... I have read where, if I got the F-1 visa, I would have to come back home for 2 years before I can get my immigrant visa? Do you know of this?

What you're mentioning is for J-1 visa and only if schooling is covered by US or your government (ie if you're not paying yourself for education). Regular F1 doesn't come with 2-yr home residency requirement.

[jan22 3,056]

You can certainly apply....but will likely have a hard time getting the visa, since one of the requirements is to overcome 214b (i.e., show all the reasons why you must leave the US when you finish your studies). If denied, the visa officer may also cancel your visitor's visa, since they determined you no longer overcome the 214b presumption of intending immigration. Then you would not even be able to go visit your husband.

[Dave&Roza 748]

Hi All,

I need your advise. I recently got married to a LPR and he is planning to starting the filing process this month.

However we are looking at the option of me applying for a f-1 visa so I can study and be able to spend time together with him while we wait for the process to be complete (I heard approx. 2yrs).

Can I file for this visa in my current situation? Will it affect by B-2 visa?

I need as much information as possible to I can know what my options are, I would not want to jeopardize the approve of the immigrant visa.

Thanks.

You have a B-2 visa? Why not just visit your husband on the B-2? I realize you will only be able to spend up to 6 months with him at a time, but that is better than most of us here on VJ. Have him file for the I-130 and come for a visit and see how long the CBP lets you in for. Then leave for several months and return. The visa process should take no more than 1 year if all goes well. When is you husband eligible for USC? The only time delay will be the priority date for you to get the visa as your husband is a LPR. Once he becomes a USC that requirement goes away. (According to the Visa Bulletin the current priority date is 08 May 2013, so you may be looking at 1.5 to 2 years for your date to become current).

Good luck,

Dave

Edited January 11, 2015 by Dave&Roza

[MJ84 0]

You have a B-2 visa? Why not just visit your husband on the B-2? I realize you will only be able to spend up to 6 months with him at a time, but that is better than most of us here on VJ. Have him file for the I-130 and come for a visit and see how long the CBP lets you in for. Then leave for several months and return. The visa process should take no more than 1 year if all goes well. When is you husband eligible for USC? The only time delay will be the priority date for you to get the visa as your husband is a LPR. Once he becomes a USC that requirement goes away. (According to the Visa Bulletin the current priority date is 08 May 2013, so you may be looking at 1.5 to 2 years for your date to become current).

Good luck,

Dave

Thanks Dave. have thought of that option but was wondering how long that will work and while the petition starts will I be allowed in the US on my B2 visa?

[MJ84 0]

You can certainly apply....but will likely have a hard time getting the visa, since one of the requirements is to overcome 214b (i.e., show all the reasons why you must leave the US when you finish your studies). If denied, the visa officer may also cancel your visitor's visa, since they determined you no longer overcome the 214b presumption of intending immigration. Then you would not even be able to go visit your husband.

That's the same thing I was thinking, it would be hard to convince the visa officer that I have a intent on returning.

Thanks much everyone!

[Dave&Roza 748]

That's the same thing I was thinking, it would be hard to convince the visa officer that I have a intent on returning.

Thanks much everyone!

Not really. You have started the imigration process. To enter the US and then file for AOS will be denied as they can very easily point to the fact that you had immigration intent. So for you to proceed, you need to complete the current process which requires you to be in your home country. People from Canada and the UK and other countries do it all the time. You have a valid tourist visa. You may be granted one entry or several. Just do not stay in the US more than Jamaica and you should be fine--of course it is the CBP person you encounter that will determine your fate. At worst you will be granted a single entry and they cancel your tourist visa.

Good luck,

Dave

P.S. I am assuming you already have a B2 visa. If not, your chances of getting one is still small, but not because of the other visa process.

Edited January 11, 2015 by Dave&Roza