Student Visa or Tourist Visa with pending I130 and F2A Filing

[SusieQQQ 11,586]

27 minutes ago, JKotti said:

 

What you say about the admission deadline date is one of the roadblocks we are facing. Most of the top school deadlines are over. I need to figure out how to maneuver around it, like finding a school. About the time line I filed i130 recently and me being LPR, the processing time is at least 9 months plus and then the time with NVC processing... I am looking at at least 15 months. But if I can find something for fall admission then it might work better.

If you think Student visa is pretty tight. what are the chances of visitor visa in your opinion?

I think the chances of both are low for reasons already discussed. 

 

You were talking about a highly regarded school. That ship sailed months ago, most deadlines were around end of 2019. Regardless, I don’t think it makes a huge difference, the intent behind the visa is the problem either way.

 

Yes, you may be apart from her for a long time. This unfortunately is what happens when one person emigrates (or one is here already) and then waits for the process for the other to go through. Many on this board have been through this process. Those who get impatient and jump the line by using non immigrant visas to do so make it more difficult for people to get those visas in future.

 

27 minutes ago, JKotti said:

my spouse is out of USA. So AOS is not possible for. She has to go through consular processing for which she needs i130 approval which is a long process for f2a category. I dont think I can do concurrent filing for consular processing. It is only possible for AOS from my uning. Correct me if am wrong.

I thought geowrian had explained this but can’t be bothered right now  to read back. Because F2A is current you can do concurrent filing (or file i485 immediately if a I130 already filed) IF she is here. Guess where she’ll be if she comes in on a NIV? See why a CO would be suspicious?

 

 

Edited April 27, 2020 by SusieQQQ

[MrPonjikkara 0]

@boiler

Ah I get what you saying. If all stars align and if her i130 approval comes around when she is in the states, then I can file AOS. Thats a valid point. only after her first 90 days here i guess. Might be a tight window. All the stars need to allign for sure lol. But hey thanks much, you opened another thought process for me. I appreciate it. 🙂

 

[MrPonjikkara 0]

@SusieQQQ

You keep saying I can do AOS. How is that possible when my spouse is out of USA. My whole intent is to bring her here possibly on a student visa or tourist visa if possible. isnt that obvious from there that she is currently out of USA?!!! and she can only do consular processing?! as Boiler mentioned above AOS can be possible if she is here during B1 or F1 time frame if our case is approved. 

 

[Boiler 45,486]

14 minutes ago, MrPonjikkara said:

@boiler

Ah I get what you saying. If all stars align and if her i130 approval comes around when she is in the states, then I can file AOS. Thats a valid point. only after her first 90 days here i guess. Might be a tight window. All the stars need to allign for sure lol. But hey thanks much, you opened another thought process for me. I appreciate it. 🙂

 

No 90 days, now that is a common misunderstanding.

6 minutes ago, MrPonjikkara said:

@SusieQQQ

You keep saying I can do AOS. How is that possible when my spouse is out of USA. My whole intent is to bring her here possibly on a student visa or tourist visa if possible. isnt that obvious from there that she is currently out of USA?!!! and she can only do consular processing?! as Boiler mentioned above AOS can be possible if she is here during B1 or F1 time frame if our case is approved. 

 

You can file to adjust if your PD is current. F2a last time I looked is current.

[MrPonjikkara 0]

@boiler, 

Got you, thanks again. I appreciate it.

[SusieQQQ 11,586]

9 minutes ago, MrPonjikkara said:

@SusieQQQ

You keep saying I can do AOS. How is that possible when my spouse is out of USA. My whole intent is to bring her here possibly on a student visa or tourist visa if possible. isnt that obvious from there that she is currently out of USA?!!! and she can only do consular processing?! as Boiler mentioned above AOS can be possible if she is here during B1 or F1 time frame if our case is approved. 

 

I’m not sure how many ways I can say the same thing. If she comes in on a tourist or student visa, then she will be IN the US. And to repeat myself yet again, and I’m sure geowrian said this too, because F2A is current you do NOT need to wait for approval to adjust. The combination of these factors is exactly why chances of success at these visas is low. 

Im not responding again if it’s just going to be saying the same thing yet again, I’m not sure if you are actually reading what we are saying properly.

Edited April 27, 2020 by SusieQQQ

[arken 4,197]

Not that she can’t get the student at all but it will be very difficult to convince that her main purpose of going to the US is to study especially that she already has one Masters study and then come back for immigrant visa processing. Doesn’t hurt to try though.

[MrPonjikkara 0]

@SusieQQQ

ok I understand what you are saying now. And thanks for your comments appreciate it. I was assuming you guys were giving me advice about doing an AOS. I now understand that you were telling me since an AOS is possible there is ahigh chance we will get rejected. Thanks again for your opinions and comments. 

[MrPonjikkara 0]

@arken 

Thanks my friend, I appreciate your kind words. We will give it a shot and see where fate takes us. 🙂

[Boiler 45,486]

As far as the Student visa is concerned the issues I have seen have been where the course did not look the main focus, I have seen similar sort of cases approved where the institution was top notch and it was pretty obvious why somebody would want to go there and the course fitted in with career progression, as always YMMV.

[MrPonjikkara 0]

@Boiler

Got you. She has a great GRE score and her resume is also pretty good with good academic as well as professional experience. I highly believe she can get into a good university. Hopefully things work out. We will definitely give a shot. Thanks again for giving me some encouragement 🙂 We are gonna see if any top schools accept her profile if not we will give a shot with tourist visa which prolly might get rejected. But I think I will sleep better by trying and failing rather than not trying.

[geowrian 22,337]

1 hour ago, MrPonjikkara said:

@SusieQQQ

You keep saying I can do AOS. How is that possible when my spouse is out of USA. My whole intent is to bring her here possibly on a student visa or tourist visa if possible. isnt that obvious from there that she is currently out of USA?!!! and she can only do consular processing?! as Boiler mentioned above AOS can be possible if she is here during B1 or F1 time frame if our case is approved. 

 

She can't do AOS since she is abroad.

But the concern the CO will very likely have is that she would use the visa to come to the US, then file for AOS (as she would now be in the US). If they think she will do so, then they must refuse the visa due to immigrant intent (INA 214(b)).

[SusieQQQ 11,586]

1 hour ago, MrPonjikkara said:

We are gonna see if any top schools accept her profile

For fall 2021? 

[jan22 3,053]

To be really clear upfront, this is just my opinion --

 

I think non-immigrant visas of any category for individuals with an immigrant petition filed by an LPR, especially with a current priority date, will be next to impossible to get approved after the most recent Executive Order as long as the EO is still in effect.  I think 214b will be even more rigorously applied than ever before.

 

Why?  As we know, right now some categories of immediate relative and family preference immigrant visa applicants cannot enter the US, unless they already had an IV in hand when the ban went into effect.  If already legally in the US with an entry on a valid non-immigrant visa or visa waiver, the same category of applicant can apply for an adjustment of status.  So, the obvious way to circumvent the ban is to apply for an NIV, enter the US if authorized at the Port of Entry, and apply for an AOS. 

 

Again, just my opinion....not trying to be a scaremonger.

[SusieQQQ 11,586]

18 minutes ago, jan22 said:

To be really clear upfront, this is just my opinion --

 

I think non-immigrant visas of any category for individuals with an immigrant petition filed by an LPR, especially with a current priority date, will be next to impossible to get approved after the most recent Executive Order as long as the EO is still in effect.  I think 214b will be even more rigorously applied than ever before.

 

Why?  As we know, right now some categories of immediate relative and family preference immigrant visa applicants cannot enter the US, unless they already had an IV in hand when the ban went into effect.  If already legally in the US with an entry on a valid non-immigrant visa or visa waiver, the same category of applicant can apply for an adjustment of status.  So, the obvious way to circumvent the ban is to apply for an NIV, enter the US if authorized at the Port of Entry, and apply for an AOS. 

 

Again, just my opinion....not trying to be a scaremonger.

Agree but with a small correction, only immediate relatives of USC can adjust from visa waiver entry, not any other family or employment category. For NIV, they can (i guess they will be re-looking at intent depending when the i485 gets filed).

Edited April 27, 2020 by SusieQQQ