F1 or i130 - time is of the essence!

[Mmdpkaaa 0]

Im a UK citizen and have been married to a USC for the past 3 years. We presently reside in Qatar for work purposes. I will be attending University for a masters degree in the US starting July 2016. Essentially i have 2 options - either F1 or i130. Im confused as to which is better to go for. It is imperative I have my visa in place by next July.

It may be hard to prove that there is no intent on immigrating to the US as im married to a USC, however all my family ties are in the UK.

Any help appreciated.

[newacct 688]

An F1 visa is the appropriate one, since you are not intending to immigrate. Plus, petitioning you to immigrate would require your USC spouse to establish domicile in the US, which he doesn't intend to do.

[Darnell 8,478]

ya, i say stick with the F-1, keep the spouse in Qatar working and earning the big bucks.

[aaron2020 11,651]

Hi,

Will your USC spouse be returning home to live? If your spouse is coming with you, it dramatically decreased the chances for an F-1 visa.

With an F-1, you will be paying international student tuition.

With an I-130, you get a green card and could pay the lower in-state tuition and possibly qualify for financial aid.

I would go the I-130 route if $ is a concern or your spouse will return to the U.S. To live.

[Mmdpkaaa 0]

Spouse will return with me to the US to live. $ not a concern - tuition is exactly the same. F1 justification is I have gained entry to a highly competitive medical residency based on merit and intend to return back to my home country when I finish up after 2 years and practice as a specialist physician.

I don't mind going the i130 route so long as it's in place by next June at the latest. Otherwise I can also enter on an ESTA stay a while then adjust status according to some immigration attorneys I've spoken with.

Edited August 24, 2015 by Mmdpkaaa

[aaron2020 11,651]

Go the I-130 route.

For an F-1, you need to provide proof that you have a particular home to return to after you complete your studies. With a USC spouse returning to live in the US, you will be fighting an uphill battle to prove you do not have the intent to immigrate.

Getting a green card does not tie you to the US forever. If you want to give it up to return to England after 2 years, you can do that with a single form at the US Embassy.

[Unidentified 2,930]

If your USC spouse is coming with you then the I-130 is better as they will most likely deny you the F1 visa based on the fact that they will see immigration intent.