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I (US Citizen) filed an I-130 for my wife (Indian Citizen) that was received by USCIS on December 2, 2019. Since then she has received an opportunity at a US University for a fully funded PhD program that is exactly in the scope of her previous education (Bachelor's / Master's completed in India). The professor she would be working under has said she is the only suitable candidate they have identified for the position. I am currently a graduate student in Ohio and her PhD program would take place in Mississippi. Acceptance into this program would be huge for both of our future due to timeline and credibility of US university on her resume.

 

The program would last a minimum of 3 years. Presumably her I-130 would be processed and she would receive her green card well before the end of the program.

 

I know it is more difficult to receive an F1 visa if you have any sort of immigrant visa pending.

 

I have two questions regarding this:

 

1. This seems like a unique circumstance that could affect her F1 chances. Seemingly it would be impossible for her to overstay her F1 visa seeing as her spouse visa will have been approved by the time her F1 expires. Are the chances of her receiving the F1 non-zero?

 

2. Would the filing of an I-20 and an attempt to receive the F1 visa hinder her I-130 process in any way?

 

Thank you for your time and any advice you can provide.

 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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