Sponsoring significant other as an LPR and getting an F1

[Zakalwe 0]

Hi everyone, I recently became a permanent resident and would like to begin the process of bringing my long time girlfriend over from Germany. We are both in our early-mid twenties and she is currently studying in Germany. If we proceed with the normal route, I believe it will take at least a year to two years, possibly longer and this is where things get a little complicated. For what my girlfriend wants to do in the States that is in the medical field, she has to study in the US and so the main issue here is being able to get her over as an international student while under sponsorship to immigrate. There are really only two ways I can think of to go about this.

 

1. We get married ASAP and proceed with the normal method i.e file the I-130 and simply wait while I am here and she is still in Germany. The main issue with this is that it will set her back at least a few years in terms of education as she cannot transfer her German credentials to the US for working in that field. In addition to this, even if we had no problem waiting for 3+ years, the chances are high that the visa would be complete before she is actually finished with her current program in Germany which would prevent her from finishing when she is already at the very end. 

 

2. We don't get married now, but instead have her get an F1 visa later in 2020, then once she is here we follow the 90 day rule, get married and begin sponsorship this way. There are a few problems with this. First is that adjustment of status is not possible when sponsoring as an LPR. The only reason I still have this route listed is because I consulted with an immigration service who said that while adjustment of status is not possible, it is still possible to sponsor her while she is in the country on an F1 and the only difference is that she will have to go to her home country for the interview. Second, she has about half the funds needed to show USCIS as a student and if I want to give her the other half, they will inevitably find out where the funds are coming from and therefore may very well deny her F1 visa for not meeting the non-immigrant intent requirement.

 

3. We get married now, file the I-130 and she applies for her F1 later in 2020. I'm pretty sure this is impossible, but perhaps some people have managed to make this work anecdotally. It is quite logical that people who are under sponsorship to immigrate may still want to use their time waiting to study in the US.

 

Thank you for reading and anyone who has their own experiences with sponsoring a spouse as an LPR, please do provide any information you think may be relevant.

[Boiler 45,525]

Getting a F1 seems a long shot where the Fiance is providing the funds and presumably the plan is for her to move in with you.

 

No harm trying.

[Zakalwe 0]

There is the immediate "harm" of tacking on an extra 6 months for no benefit if it doesn't work out, but beyond that I don't know if that might cause problems when I file an I-130 and they see that she was denied an F1. 

I also thought of giving someone else the money and them sponsoring her financially because she was in the US previously as an exchange student and she has a good relationship with them. That I'm sure is legally ambiguous though.

 

Last I checked, if I read the visa bulletin correctly it seems that the line has actually shortened in the F2A category so maybe going the normal route isn't too bad.

Edited December 17, 2019 by Zakalwe

[Boiler 45,525]

There would be interesting tax issues but aside from that I am sure they have heard every variation.

 

It is current now, but what will happen during your process I would not like to say.

 

 

[Zakalwe 0]

Right, the only reason it makes sense is that I believe they make more than enough to make it seem plausible that they would just sponsor someones tuition. Also the first two years would be at a community college so the tuition for international students is actually not very high relatively speaking.

 

Speaking of the bulletin, what does it really mean that everyone is current? It seems crazy to me that just a few months ago it appeared to be really backed up, but now every category for every country even is current, how is that possible?

[Boiler 45,525]

Somebody undertaking a course in German in their mid 20's and then wanting to go to a Community College in the US may raise questions.

[Zakalwe 0]

She is actually 20, I am the older one. 2+2 between community colleges and regular universities is extremely common especially because of how much it saves you financially. In this particular case the best option is to go through this dual program regardless of finances. It's necessary because there is nothing in Germany that will transfer over in this area. In fact there is nothing equivalent at all. On the other hand, US credentials will transfer to almost any other country on earth so that part isnt really hard to get over.That said, what she currently studies will transfer over to the prerequisites for the intended dual program very well. So that is certainly not an issue. Even if she were mid twenties or older, it wouldn't be uncommon to start new programs from scratch. Plenty of Americans do that now, not to speak of other countries

Edited December 17, 2019 by Zakalwe

[Boiler 45,525]

So what do Germans do who want to have this sort of qualification do? She will be asked why she wants to study this field.

[Zakalwe 0]

I'll just be more specific. The 2+2 program is to become a nursing practitioner which is something that doesn't exist in Germany, but could certainly qualify you for similar positions elsewhere in the EU. Nursing in Germany is not anywhere close to the same as in the US, they are a much lower rung on the ladder which is why you can't study to become a nurse there and immediately work as one here. You would have to start all over again. Her educational history is consistent with the direction she wants to take, add to that relevant work history and the fact that her mom is a nurse. Getting an F1 for anyone who has the funds isn't the issue right, it's the relation she has to me. 

 

I'm actually slightly concerned even if I wasn't sponsoring her financially at all, because she is coming for the holidays which means she had to fill out an Esta on which there is my mom's address listed. If they see that she came to visit me, that in itself might make the F1 first option impracticable.

[Boiler 45,525]

What English speaking EU country has the same as a Nurse Practitioner?  They may wonder why she does not study in the EU country she wants to move to.

[carmel34 3,633]

20 hours ago, Zakalwe said:

Getting an F1 for anyone who has the funds isn't the issue right, it's the relation she has to me.

If she applies for an F1 she will have to show strong ties to return home when her studies in the US are completed, also that she has financial support of her own or from her parents in Germany, not from a US love interest.  If you provide financial support the chance of an F1 approval is very low since it shows stronger ties to the US and immigrant intent. So be prepared for denial if she applies for an F1 with your financial support.  Have a backup plan.

Edited December 18, 2019 by carmel34

[Zakalwe 0]

It's not that an EU country has the exact same position, rather that the credentials easily carry over whether you want to be a doctor, or whatever else is in that area.

[Zakalwe 0]

1 hour ago, carmel34 said:

If she applies for an F1 she will have to show strong ties to return home when her studies in the US are completed, also that she has financial support of her own or from her parents in Germany, not from a US love interest.  If you provide financial support the chance of an F1 approval is very low since it shows stronger ties to the US and immigrant intent. So be prepared for denial if she applies for an F1 with your financial support.  Have a backup plan.

Would it work if I gave her parents or family the money as an "unrelated" thing or do they look into it enough that it becomes a non-option?

[Boiler 45,525]

The only way you can find out is to apply, remember the Officer does this for a living and will have seen and heard every variant. We are amateurs.

[SusieQQQ 11,586]

I have known people get nursing credentials elsewhere, write the US exams, and bang! Not only are they qualified but they’re qualified enough to have employers sponsoring them for green cards. What I’m saying is, your girlfriend’s credentials may not be as hard to transfer as you think.