i am LPR, can I bring my wife here based on her student visa?

[haleesgal 0]

I am currently in the US as a permanent resident I am a resident since Sep.2013,I got my green card through marriage to a US citizen and we got divorced after 3 years and a half, I am currently thinking about marrying a girl from my home country, she just applied for a school here in the US and got an acceptance letter and she already had her student visa, and she wants to come to the united states to start studying on this September, I want to go to my home country to get married to her and we come back here together (in our traditions we have to be married to live together) using her student visa.

Can I file for her when she arrives here (I-130) and while we are waiting for the application to get approved ( I know it takes up to 2 years for spouses married to LPR) can she stay here in the US on her student visa while waiting? this way she can obtain a college degree while waiting instead of being apart for the whole waiting time.

or should I just leave her on her student visa until I obtain my citizenship and then start filing for her greencard?

Are we allowed to do that, I was reading online that in some cases they might think that this is a visa fraud. but she already had her student visa before we even get it was her plan for coming to study here whether if we get married or not.

Is this going to cause any issue when I file for her greencard ( now or after I get my citizenship)

Edited July 16, 2016 by haleesgal

[EM_Vandaveer 2,408]

As you got your GC through marriage, you can't file an I-130 for a spouse until you've been a LPR for 5 years unless "you can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws" which is a higher standard of evidence then the normal "evidence of bona fide marriage".

The safest course of action would be for her to come to the US on her student visa, you marry, but wait until you've been a LPR for 5 years or until you naturalize to file for her.

[Boiler 45,804]

Student visa is a non immigrant visa.

[EM_Vandaveer 2,408]

Student visa is a non immigrant visa.

That is very true. I'm wondering if OP has already proposed? If he hasn't and he waits until she enters the US, she would not have immigrant intent at POE?

Or is it immaterial because HE is planning on it anyway?

[Boiler 45,804]

I am assuming that she might know something about this.

[JFH 12,191]

That was quick! On June 16 (one month ago) you posted that the relationship with your wife had "recently started to fall apart" and you were in the process of starting a divorce.

Now you're divorced and getting ready to marry again.

[haleesgal 0]

That does not answer my question though

[JFH 12,191]

That does not answer my question though

The question has already been answered. Your wife cannot enter with her student visa with the intent to adjust status.

Since you obtained your GC through marriage you will need to be an LPR for 5 years before you can petition the next wife, unless you can convince them strongly that you didn't enter the marriage to get a GC. Based on your timescale of divorce and re-marry that is unlikely to happen. USCIS has seen this situation many times before.

[Penguin_ie 5,995]

****** Thread locked as Op is asking about knowingly using a student visa after marriage to immigrate, which is illegal and visa fraud. Do not restart this thread. ******