Married but want to file F1 then adjust status to I-130

[emmillinnee 9]

I just wanted to ask if this is frowned upon or would cause problems in some way. 

 

My fiancee and I are going to be legally married in Spain in June (assuming things open back up as the local government is saying they will) and we are in the process of applying for his F1 visa. He has already been accepted into a school and we are waiting to see when the US begins processing visas to move forward with the process. 

 

Once we are in the US (hopefully in August 2020) we plan to apply for adjustment of status to I-130. 

 

The question is, if we are already legally married in Spain will they deny the F1 visa? Will that cause complications? 

[SusieQQQ 11,586]

He will need to show evidence that he will return home afterwards because F1 is a non immigrant visa. Given what you have said, I would expect he would be denied the visa for immigrant intent. (It is also immigration fraud to enter on a non-immigrant visa with the intent to adjust status.)

Is it possible for him to postpone starting the degree? Then he can come over on a spouse visa and be able to study, work etc as soon as he lands.

Edited May 23, 2020 by SusieQQQ

[emmillinnee 9]

And if we just didn’t apply for the immigration visa? Would there be a problem only applying for the F1 visa and just not applying for adjustment of status? If a couple is married does that tend to be a red flag when applying for non-immigrant visas?

Edited May 23, 2020 by emmillinnee

[SalishSea 17,828]

1 hour ago, emmillinnee said:

I just wanted to ask if this is frowned upon or would cause problems in some way. 

 

My fiancee and I are going to be legally married in Spain in June (assuming things open back up as the local government is saying they will) and we are in the process of applying for his F1 visa. He has already been accepted into a school and we are waiting to see when the US begins processing visas to move forward with the process. 

 

Once we are in the US (hopefully in August 2020) we plan to apply for adjustment of status to I-130. 

 

The question is, if we are already legally married in Spain will they deny the F1 visa? Will that cause complications? 

Coming over on a nonimmigrant visa with the intention of adjusting status is immigration fraud.

 

Even if you abandon that notion, it is very unlikely he would be here by August.  The embassies are still closed, and will be catching-up for months.

[VISBIS 18]

On 5/23/2020 at 5:54 PM, emmillinnee said:

And if we just didn’t apply for the immigration visa? Would there be a problem only applying for the F1 visa and just not applying for adjustment of status? If a couple is married does that tend to be a red flag when applying for non-immigrant visas?

It’s always a red flag and you’re very likely to be denied considering you guys just got married. And since your spouse already has intent to immigrate, he will be lying if he says no to the CO on immigrant intent. 
 

I know it takes a longer time, but it’s better to straight file for a clean spousal visa rather than most likely Filing for one with a denied F1.