IR-1 or F-1 in lieu of B-1?

[KnR17 0]

I was a member of this board a couple of years ago when I was engaged to another woman. I am happily married now, but my plan to emigrate was derailed by a financial setback. My wife is not eager to immigrate to America but we want her to come as a tourist while I wind down my work career. The consulate in Kiev denied the B-1. Applying for an F-1 visa to an English language institute in my city that does I-20s is one option. I wonder what the consulate would think about an F-1 application coming soon after the B-1 denial. Does anyone have any experience with trying this?

 

The other option is the IR-1. It looks like the green card is nearly immediate and she can freely travel back and forth. I think that if she does not spend at least half of her time in the USA, then the permanent residence status will lapse. But if it is a 10 year green card, I assume that a B-1 visa would no longer be an issue.   Am I on the right track here?

 

[JFH 12,190]

The IR-1 is not for “traveling back and forth”. It’s an immigrant visa for spouses moving to the USA permanently. If she does decide to use her green card to “travel back and forth” it won’t be long before she will be assumed to have abandoned her residency here if she maintains a hone, job, etc in Ukraine. Prior to that, she will be resident here so will be required to file tax returns here, expected to have health insurance (travel insurance won’t be valid), get a drivers license here or state ID and lose all benefits of residency in her home land. You can’t live in both countries. 

 

The language school sounds phony and any attempt to get a non-immigrant visa with a USC spouse is likely to result in denial. Why does she not want to move? I couldn’t wait to move to be with my husband. 

[Crazy Cat 41,888]

30 minutes ago, KnR17 said:

I was a member of this board a couple of years ago when I was engaged to another woman. I am happily married now, but my plan to emigrate was derailed by a financial setback. My wife is not eager to immigrate to America but we want her to come as a tourist while I wind down my work career. The consulate in Kiev denied the B-1. Applying for an F-1 visa to an English language institute in my city that does I-20s is one option. I wonder what the consulate would think about an F-1 application coming soon after the B-1 denial. Does anyone have any experience with trying this?

 

The other option is the IR-1. It looks like the green card is nearly immediate and she can freely travel back and forth. I think that if she does not spend at least half of her time in the USA, then the permanent residence status will lapse. But if it is a 10 year green card, I assume that a B-1 visa would no longer be an issue.   Am I on the right track here?

 

Your appropriate option is a B2 based on intent you described above.  But I don't think a spouse can easily overcome the assumption of intent to enter via a non-immigrant visa and adjust status.  When she is ready to make her primary place residence in the US, then start the IR-1 process.  I don't think any of your other options are likely to be successful.  I think any competent CO will see the quick F-1 application as visa shopping to get inside the US for adjustment.....just my opinion.

[KnR17 0]

Since I intend to immigrate to Ukraine when I retire, it appears that there is no good solution here until we build our house.

[Boiler 45,532]

1 hour ago, KnR17 said:

Since I intend to immigrate to Ukraine when I retire, it appears that there is no good solution here until we build our house.

Most likely.

[KnR17 0]

How about this idea? We apply for the IR-1. Assuming it is approved, we then request the B2 and ask them to cancel the IR-1. 

[Boiler 45,532]

1 hour ago, KnR17 said:

How about this idea? We apply for the IR-1. Assuming it is approved, we then request the B2 and ask them to cancel the IR-1. 

That might work

[geowrian 22,337]

9 hours ago, KnR17 said:

How about this idea? We apply for the IR-1. Assuming it is approved, we then request the B2 and ask them to cancel the IR-1. 

The typical process is to obtain the visa, enter on it so you become a permanent resident, then formally abandon permanent residency (I-407).

Then apply for a tourist visa and hope for the best..typically they seem to go along with this but it is very far from guaranteed.

[TBoneTX 45,312]

Thread is moved from General Immigration Discussion to "What Visa Do I Need."