Student Visa Girlfriend

[aaron2020 11,651]

Yes, you can app!y for the F-2 after marrying abroad. Please be aware of the financial requirements since you can not work and must leave the US when her F-1 expires.

Can you please answer how she will qualify for a green card?

Yes I understand what you are saying about everything. I believe she is planning on either getting one through employment or I believe she can apply for one through family.

As a married woman, it would take about 12 years for a US citizen parent or US citizen sibling to petition for her to live in the US. Nothing in immigration happens quickly. Has a family member already file a petition for her?

An employment based visa is possible under certain conditions. What would be her career? Only certain people are needed. Employment based visas are not available to people in every profession.

[El_killer47 22]

Hi,

What would be your girlfriend's basis for staying in the US after finishing school? A student visa does not allow a person to immigrate to the US. A student visa allows a person to come here to study and return home.

If she gets a green card somehow, she has to go marry you abroad in order to bring you here. A green card holder can not bring a fiance to the US; only US citizens can bring a fiancee to the US. The process will take 2-3 years after you get marry and she files for you.

Best of luck

Not true.

She has a year to stay and find a job which will sponsor her after completing a degree. So, say she finishes her bachelors and after graduation her 1 year grace period will begin and if she doesn't find a job in a year then she has the option to enroll in a master's degree and then once that finishes she has 1 year again. so there are options- student visa doesn't force you to leave as soon as you finish study.

[GurkenSalat 48]

Not true.

She has a year to stay and find a job which will sponsor her after completing a degree. So, say she finishes her bachelors and after graduation her 1 year grace period will begin and if she doesn't find a job in a year then she has the option to enroll in a master's degree and then once that finishes she has 1 year again. so there are options- student visa doesn't force you to leave as soon as you finish study.

Yes, but it's still quite difficult to get to LPR from F-1. You'd have to luck out finding a job, get sponsored for H1B, which you're then NOT guaranteed to get, then have your company sponsor you for a green card based on exceptional skills, and this whole thing can take YEARS. Being in STEM helps.

OP, have you discussed living in Canada? It can be just as good as living in the US (or even better) and might be easier from an immigration perspective...

[TonyT785533 0]

As a married woman, it would take about 12 years for a US citizen parent or US citizen sibling to petition for her to live in the US. Nothing in immigration happens quickly. Has a family member already file a petition for her?

I highly doubt that it would take 12 years. If nothing in Immigration happens quickly how come I knew people from Canada who ended up in the US in under two years? And I'm not exactly sure on that one.

An employment based visa is possible under certain conditions. What would be her career? Only certain people are needed. Employment based visas are not available to people in every profession.

What are some careers that are needed then? Because I know someone who got one as a mechanic. I wasn't aware that mechanics were in high demand in the US.

[aaron2020 11,651]

Not true.

She has a year to stay and find a job which will sponsor her after completing a degree. So, say she finishes her bachelors and after graduation her 1 year grace period will begin and if she doesn't find a job in a year then she has the option to enroll in a master's degree and then once that finishes she has 1 year again. so there are options- student visa doesn't force you to leave as soon as you finish study.

OPT is based on the F-1 student visa being valid. It is not an employment based visa that allows a person to stay here long term. It is not a dual intent visa like the H1-b. OPT does not allow the F-2 spouse to work. The F-1 expires when OPT is over. She has to leave when the F-1 is over without getting another visa.

[aaron2020 11,651]

As a married woman, it would take about 12 years for a US citizen parent or US citizen sibling to petition for her to live in the US. Nothing in immigration happens quickly. Has a family member already file a petition for her?

I highly doubt that it would take 12 years. If nothing in Immigration happens quickly how come I knew people from Canada who ended up in the US in under two years? And I'm not exactly sure on that one.

There are many different family based categories. The ones that allows a person to be here in under 2 years are based on 1) a US citizen petitioner filing for a spouse, unmarried child under age 21, or parent. and 2) a green card holder filing for a spouse or unmarried child under age 21. It takes 12 years for a US citizen to petition for a sibling or married child. Since you doubt the information that I have given you, then feel free to ask others how quickly a family member can petition for a married child or sister.

An employment based visa is possible under certain conditions. What would be her career? Only certain people are needed. Employment based visas are not available to people in every profession.

What are some careers that are needed then? Because I know someone who got one as a mechanic. I wasn't aware that mechanics were in high demand in the US.

I highly doubt that an ordinary auto mechanic got an employment based visa. Since you know this person, you can ask which work visa he got.

I am trying to help you. I am sorry that what I am telling you is not what you want to hear. I am telling you the truth.

[Boiler 45,531]

No doubt your GF has a plan if she is looking to stay in the US long term.

[TonyT785533 0]

I am trying to help you. I am sorry that what I am telling you is not what you want to hear. I am telling you the truth.

I know and I appreciate it but some of it just seems a little off. You might be right though .....I'm just saying.....

I would ask him if I still spoke to him but yes I believe he was a mechanic when he was granted a visa.

[TonyT785533 0]

No doubt your GF has a plan if she is looking to stay in the US long term.

She is looking to and lets hope so lol Thanks for the encouraging words.

[El_killer47 22]

OPT is based on the F-1 student visa being valid. It is not an employment based visa that allows a person to stay here long term. It is not a dual intent visa like the H1-b. OPT does not allow the F-2 spouse to work. The F-1 expires when OPT is over. She has to leave when the F-1 is over without getting another visa.

Right. Just saying, there are options.

[TonyT785533 0]

My head hurts....

[aaron2020 11,651]

I am trying to help you. I am sorry that what I am telling you is not what you want to hear. I am telling you the truth.

I know and I appreciate it but some of it just seems a little off. You might be right though .....I'm just saying.....

I would ask him if I still spoke to him but yes I believe he was a mechanic when he was granted a visa.

A US citizen would petition for a married daughter in the F3 family preference category where there is a current wait of 12 years.

A US citizen would petition for a sibling in the F4 family preference category where there is a current wait of 13 years.

A green card holder can only file for a spouse or unmarried child.

See this post from VJ: http://www.visajourney.com/forums/topic/231388-advice-on-f3-and-f4/

By the way, it took 11 years for my US citizen father to petition for his married son. It took 12 years for my US citizen father to petition for his brothers and sisters. I know from personal experience.

Edited May 25, 2015 by aaron2020

[aaron2020 11,651]

Right. Just saying, there are options.

OPT is an option to extend the F-1 visa validity. OPT and the F-1 visa does not lead to directly to other options. Other options requires completely new and separate processes which the OP's girlfriend/spouse may or may not qualify for.

Edited May 25, 2015 by aaron2020

[TonyT785533 0]

A US citizen would petition for a married daughter in the F3 family preference category where there is a current wait of 12 years.

A US citizen would petition for a sibling in the F4 family preference category where there is a current wait of 13 years.

A green card holder can only file for a spouse or unmarried child.

See this post from VJ: http://www.visajourney.com/forums/topic/231388-advice-on-f3-and-f4/

Okay, okay, okay.....I will read it tomorrow. Lets try to be optimistic for just a minute here. Lets say she already has it figured out how she is getting her green card, what about what the other guy said about getting married first and getting the F2 and then me getting a green card when she does?

[aaron2020 11,651]

Okay, okay, okay.....I will read it tomorrow. Lets try to be optimistic for just a minute here. Lets say she already has it figured out how she is getting her green card, what about what the other guy said about getting married first and getting the F2 and then me getting a green card when she does?

Not trying to bring you down. Just giving you the truth so you don't have false hope and future disappointments.

You may be able to get the F-2 if you meet all the qualifications.

You getting a green card when she does depends on who is petitioning her. If she has a current petition from a green card holder parent, marriage to you would disqualify her and void the petition. It depends on how she is trying to get a green card.

If this was simple, this website would be full of success stories rather than all the heartache you see. Immigration to the US is not simple. It is extremely complex and fact specific.

Rest. Think about this tomorrow.

Best of luck to you.