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DFWJimbo

Sister in law as a student

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Filed: K-1 Visa Country: Philippines
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I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

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Filed: K-1 Visa Country: Wales
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There is no specific work visa for nurses.

 

Who would be paying the School costs, obviously not cheap.

 

Student visa is a non immigrant category, they may be wondering why she wants to study in the US when presumably it would be much cheaper to study locally.

 

Students have very limited work privileges.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Taiwan
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Anyone applying for an F-1 student visa, must convince immigration authorities that she does not have immigrant intent........what you are posting heavily implies immigrant intent, imo.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline

image.png.7534e409f25f50f6ecc87b69bf13045b.png

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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From a practical standpoint, attending school in the US doesn't make sense if she plans to work back home. Her degree and any licensing would not obviously be a match for that path. The most reasonable presumption is that she would intend to subsequently stay in the US, which is going to be an issue for a student visa.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Poland
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48 minutes ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

In addition to what others wrote above, there is no way to just "adjust her status" after graduation. No basis for it unless she is sponsored by her sister for which current F4 timeline is completely unrealistic.

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56 minutes ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

Your sister has to become a USC first, then sponsor her sister for an immigration visa in the sibling category which takes more than 15-20 years. In the meantime, unless she has very specialized skills, getting a work visa is not easy. Getting a student visa is even harder because she has demonstrated immigrant intent. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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1 hour ago, DFWJimbo said:

 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

That is not how it works. You won’t be able to adjust her status. Permanent residency is not an “at will” process. You don’t get permanent resident status simply because you want to. People have to be eligible for it. In order for you sister to be able to adjust status from a non immigrant visa, she would have to have a qualifying relative who is a US citizen. Those qualifying relatives are a spouse, a parent for minors, or a child over the age of 18. Her sister (your wife) does not qualify.

 

Also, it has already been pointed out that a student visa is a non immigrant visa meaning that the student has no intention to immigrate. Once her studies are done she would have to return to her country. However, if she were to find an employer that could sponsor her to work in the Us afterwards, that is an option. But again, a work visa is not an immigrant visa.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Iran
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The sister must apply to and be accepted by a college. The college issues the I-20 and then she applies for a student visa. You can show you will pay her expenses such as housing, food, etc while she is here. She will be considered an international student by the college. She can apply for work permission based on her student visa but there are specific limitations to where and how much she can work. When she completes college she can look for an employer to sponsor her for a work visa.

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, belinda63 said:

The sister must apply to and be accepted by a college. The college issues the I-20 and then she applies for a student visa. You can show you will pay her expenses such as housing, food, etc while she is here. She will be considered an international student by the college. She can apply for work permission based on her student visa but there are specific limitations to where and how much she can work. When she completes college she can look for an employer to sponsor her for a work visa.

I agree........but the sister-in-law has immigrant intent....which disqualifies her for an F-1 student visa.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Iran
Timeline

She may have the intent but she doesn't have the method. It is more than a 20 year wait after the sister files the petition, which she can't do until she becomes a citizen. I seriously doubt she can drag her schooling out for the more than 20 years it will take.

Also true that is she wants to nurse in the Philippines she should attend school there. 

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Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, belinda63 said:

She may have the intent but she doesn't have the method. It is more than a 20 year wait after the sister files the petition, which she can't do until she becomes a citizen. I seriously doubt she can drag her schooling out for the more than 20 years it will take.

Also true that is she wants to nurse in the Philippines she should attend school there. 

Good points...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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17 minutes ago, Unlockable said:

Those qualifying relatives are a spouse, a parent for minors, or a child over the age of 18.

21*

 

10 minutes ago, belinda63 said:

She may have the intent but she doesn't have the method. It is more than a 20 year wait after the sister files the petition, which she can't do until she becomes a citizen. I seriously doubt she can drag her schooling out for the more than 20 years it will take.

Young, presumably single Filipina nursing student that wants to stay in the US...I'm assuming she would find a way to stay other than her sister (possibly with or without an overstay if needed). Just a hunch. 🤷‍♂️

 

27 minutes ago, WeGuyGal said:

Your sister has to become a USC first, then sponsor her sister for an immigration visa in the sibling category which takes more than 15-20 years.

More like ~30+ years for Philippines for F4 (people who applied 23 years are just now becoming eligible).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Wales
Timeline

Wonder what she is going to say when asked why she wants to get her qualifications in the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline
44 minutes ago, geowrian said:

Young, presumably single Filipina nursing student that wants to stay in the US...I'm assuming she would find a way to stay other than her sister (possibly with or without an overstay if needed). Just a hunch. 🤷‍♂️

 

Yup!  Would probably find a USC boyfriend (or girlfriend) and go from there, which is fine if it’s legitimate and not just to be able to stay.

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