F-1 With U.S. Citizen spouse at the border

[Banians 0]

I am from a developing country and got my F1 visa approved even though I have been married to a US citizen for over 2 years.  I had studied in two other countries and returned to my homeland each time, so I think that was enough evidence.  However, I am worried about entering and CBP.  I will be in the non-immigrant line and my husband and baby will be in the US Citizen line.  I chose to do a student visa because the only reason my husband and I are going to the US is for me to study. Luckily I got a full scholarship and TA ship which provides insurance for me and my US citizen husband and kid.  He has lived abroad for 8 years and hasn't even stepped foot in the US for 4 (he will continue working online even in the US).  Even if I would want to stay in the US after I have been there and I decide I like it, I know I have to return to my home country to apply for an immigrant visa so as not to even make them think I committed fraud.  Should there be any issue if I explain this to the CBP officer?

[Coco8 1,042]

 

1- You have said you are not 100% you want to immigrate and you've lived abroad for 8 years. I would just say you are going to study. I also had an F-1 for a PhD. The only thing they asked me were basic questions to check the information (university, what I was going to study, etc.). You already got the F1 so they will not care that your husband is a US citizen because the consulate already knew that. 

 

2- I am not sure you need an immigrant visa. I think you can submit the paperwork while you are in the US. It sounds like you are doing a PhD. If you are in STEM, a lot of grants are for US citizens or Permanent residents only because they come from the department of defense or the department of energy. That is something to consider. If you are in the humanities or social sciences, most grants are open to anyone. 

 

3- You husband will need to submit US taxes. 

 

4- Try to get your family into the healthcare the university will give you. It is much cheaper than getting an outside healthcare for them. 

 

 

 

 

 

 

 

 

 

 

 

Edited July 3, 2017 by Coco8

[mallafri76 1,012]

I would only answer questions asked. Don't offer up information. 

 

By the way, people traveling together are suppose to clear CBP together. May look a little suspicious if you split up. 

[Banians 0]

True, we should clear customs together.  But we have travelled to the US together in the past as tourists, and never went through the same line as my husband is a US citizen and I am a non-resident alien and they clearly mark two separate lanes.  We could go together, but that would maybe raise more suspicion.  I don't know. 

[Banians 0]

Furthermore, my 1-20 doesn't show dependents as my husband and kid do not qualify for a J-2 visa.  However, when applying for the F-1 I put that I will be travelling with my husband and son in that section on the DS-160.  Also, they knew that my husband is a US citizen, but the consular officer never asked.  the CO just asked how long I was in Korea and my past education and gave me the visa.  I was expecting to explain my non-immigrant intent because I have a US husband.  Never had to though.  That said, when I walk through the same lane with the CBP as my husband, I am afraid now the will attack and deny me there.  Am I now safer because I was issued the F1 with all the relevant information presented.  Again, I can swear that I will return to my home country because I will gladly teach at the University here even if it is while I apply for a visa to the US as a prem. resident. 

[Coco8 1,042]

39 minutes ago, Banians said:

True, we should clear customs together.  But we have travelled to the US together in the past as tourists, and never went through the same line as my husband is a US citizen and I am a non-resident alien and they clearly mark two separate lanes.  We could go together, but that would maybe raise more suspicion.  I don't know. 

 

There are people at the immigration lines and you can ask them. I'd recommend going together to the foreigners line and the officers helping people there can tell you what to do. As I said, the fact that you are married to a US citizen is a non-issue right now. The consulate knew and they gave you the visa.  Nobody cares about that at this point. Besides, for an F1 they know you are going to study and the fact that you have a scholarship indicates that you are serious about academics. This is not like a visitor visa in which people care about you just intending to immigrate. 

 

 

 

Edited July 3, 2017 by Coco8

[Coco8 1,042]

7 minutes ago, Banians said:

Furthermore, my 1-20 doesn't show dependents as my husband and kid do not qualify for a J-2 visa.  However, when applying for the F-1 I put that I will be travelling with my husband and son in that section on the DS-160.  Also, they knew that my husband is a US citizen, but the consular officer never asked.  the CO just asked how long I was in Korea and my past education and gave me the visa.  I was expecting to explain my non-immigrant intent because I have a US husband.  Never had to though.  That said, when I walk through the same lane with the CBP as my husband, I am afraid now the will attack and deny me there.  Am I now safer because I was issued the F1 with all the relevant information presented.  Again, I can swear that I will return to my home country because I will gladly teach at the University here even if it is while I apply for a visa to the US as a prem. resident. 

 

I have a lot of friends with F1s and friends who applied to grad school and nobody was asked about the intention to immigrate. I believe this is because we all applied to PhD at top universities. Nobody really cares at that point and you cannot really tell what you will do in 5 years time. Plus, getting a job is hard and we would still need a visa for that. 

 

For F-1 they mostly care about the intentions of people doing undergrad education that do not seem very "academic" or people from high visa fraud countries (like someone who thinks an F1 is a good ticket to the US but they don't care about finishing college) or people that don't have the funds to study. Probably some people that want to pay for their MAs may get asked questions. 

 

You should not feel unsure of yourself in this case. You are going to be fine. 

 

 

 

 

Edited July 3, 2017 by Coco8