Applying for Student Visa after the I-130 application is filed.

[Ali Nini 0]

Hi, I was wondering if anyone has an idea how this process works.

 

So I am getting married in August this year. My fiance lives outside the US and I am a US citizen. She has basically no history of travel and never applied for US visitor visa. I will be getting married outside the US. Now the I-130 process is at least 18 months long probably longer at this point. Thats a long time and I wanted to figure out a faster way. 

 

She always wanted to do her masters as well so I was thinking can I apply for a student visa after her I-130 is filed? Since she will start applying soon so I am thinking she starts her studies in Fall 2022.

 

So if she applies for a student visa after the I-130 paperwork is in process, would that hurt her I-130 paperwork?

 

Secondly, we would obviously tell the truth in her student visa interview, that she always wanted to do her masters and obviously want to be with her husband as soon as possible so that helps her do that. Is that something thats doable? I mean I think it can get rejected so we will have to wait the full amount of time the I-130 application takes but this is one way that I was thinking can make the process of her moving to the US faster. 

 

Let me know if anyone has an idea how to go about this process or any other faster way of doing?

[Unlockable 7,314]

When applying for a student visa the foreigner has to prove they don't have immigrant intent. Kind of hard to do that when she has a husband in the US applying for her.

 

 

Keep your expectations for an approval low.

[Crazy Cat 41,898]

4 hours ago, Ali Nini said:

So if she applies for a student visa after the I-130 paperwork is in process, would that hurt her I-130 paperwork?

The I-130 will hurt her opportunity for an F-1.  Read the requirements for an F-1.  It is a non-immigrant visa.

[nastra30 2,287]

4 hours ago, Ali Nini said:

Hi, I was wondering if anyone has an idea how this process works.

 

So I am getting married in August this year. My fiance lives outside the US and I am a US citizen. She has basically no history of travel and never applied for US visitor visa. I will be getting married outside the US. Now the I-130 process is at least 18 months long probably longer at this point. Thats a long time and I wanted to figure out a faster way. 

 

She always wanted to do her masters as well so I was thinking can I apply for a student visa after her I-130 is filed? Since she will start applying soon so I am thinking she starts her studies in Fall 2022.

 

So if she applies for a student visa after the I-130 paperwork is in process, would that hurt her I-130 paperwork?

 

Secondly, we would obviously tell the truth in her student visa interview, that she always wanted to do her masters and obviously want to be with her husband as soon as possible so that helps her do that. Is that something thats doable? I mean I think it can get rejected so we will have to wait the full amount of time the I-130 application takes but this is one way that I was thinking can make the process of her moving to the US faster. 

 

Let me know if anyone has an idea how to go about this process or any other faster way of doing?

I'm hoping you are aware she'll have to gain admission into a school first (get I-20) before she can apply for a F-1 student visa. Additionally, applying for F-1 visa while I-130 is pending could lead to F-1 refusal because spouse would have already shown immigrant intent. However, you could certainly try but your chances of getting the F-1 visa will be low.

[emmillinnee 9]

As someone that is in the middle of the process, my thoughts to you would be to apply for the B2 visa for being able to do visits of 6 months before starting the I-130 visa process (if your fiancé's country allows it). That way she could visit for longer amounts of time and still not have problems with any of the visas. If you do the F1, even if you don't tell them about the desire to immigrate) you're going to have problems later when you try to apply for the I-130 visa trying to convince them that this wasn't your plan all along. I'd get the B2 visa before you even get married though, so that that one doesn't get denied. But other than that...move to her country to avoid being separated for so long. Maybe in a while, after you have residency in that country, maybe you can apply for jobs back in the states and then apply for DCF if you get one and have to move within a short amount of time. But that depends on, once again, your fiancé's country's rules. 

[Ali Nini 0]

Ok so F-1 visa's chances are low after the I-130 is filed? That I kind of understood but does it hurt to try it? Would it effect my I-130 paperwork or they just reject the F-1 visa?

 

4 minutes ago, emmillinnee said:

As someone that is in the middle of the process, my thoughts to you would be to apply for the B2 visa for being able to do visits of 6 months before starting the I-130 visa process (if your fiancé's country allows it). That way she could visit for longer amounts of time and still not have problems with any of the visas. If you do the F1, even if you don't tell them about the desire to immigrate) you're going to have problems later when you try to apply for the I-130 visa trying to convince them that this wasn't your plan all along. I'd get the B2 visa before you even get married though, so that that one doesn't get denied. But other than that...move to her country to avoid being separated for so long. Maybe in a while, after you have residency in that country, maybe you can apply for jobs back in the states and then apply for DCF if you get one and have to move within a short amount of time. But that depends on, once again, your fiancé's country's rules. 

B-2 visa has a timeline of a year right now and its very unlikely she gets the visit visa as she doesnt have that much travel history. I figured student visa would have a better chance. Obviously we want to be truthful from the beginning as mentioned above and then hope we get lucky and they approve it other wise we will have to wait the 18 months or so for the I-130 to be done.

[arken 4,197]

2 hours ago, Ali Nini said:

Ok so F-1 visa's chances are low after the I-130 is filed? That I kind of understood but does it hurt to try it? Would it effect my I-130 paperwork or they just reject the F-1 visa?

Trying for F1 visa doesn't hurt your i130 regardless of whether they approve or deny the F1 visa.

[carmel34 3,635]

All F-1 visa applicants need to convince the officer at the visa interview that their intent is to enter the US temporarily, to study at a US college or university, and then to return to their home country after their studies are completed.  They also need to be accepted by a US institution, and the admissions process can take months depending on the school.  The consulate or embassy where she lives may not even be doing F-1 visa interviews right now because of COVID.  The applying student also needs to show how they will pay for the (very expensive) costs to live in the US and attend school, paying full price international tuition rates.  Does she have that kind of money ($30,000 per year or more, so $120,000 for a four-year degree) on her own?  If you are going to pay for tuition and living expenses, that will show strong intent to stay and the F-1 will likely be denied.  Unfortunately, there is no "faster way" with US immigration.  Get married in her country in August as you have planned, then as soon as you have the marriage certificate, file an I-130 petition for her, and wait.  Yes, it will take 1-2 years, but that's a choice you make when you enter into an international long distance relationship.  You can go and see her as often as you can during the process, or she can come and see you for short visits if she can get a B2 tourist visa but that is also unlikely with a US boyfriend/fiancé/husband.  Good luck!

Edited July 8, 2021 by carmel34

[SalishSea 17,841]

10 hours ago, Ali Nini said:

Ok so F-1 visa's chances are low after the I-130 is filed? That I kind of understood but does it hurt to try it? Would it effect my I-130 paperwork or they just reject the F-1 visa?

 

B-2 visa has a timeline of a year right now and its very unlikely she gets the visit visa as she doesnt have that much travel history. I figured student visa would have a better chance. Obviously we want to be truthful from the beginning as mentioned above and then hope we get lucky and they approve it other wise we will have to wait the 18 months or so for the I-130 to be done.

If she gets an F-1 non immigrant visa, and enters the US with the intent to stay and adjust status, that’s immigration fraud.

 

Do not do something shady to avoid the wait time for an immigrant visa.  You could end up with unintended consequences for her down the road.

[pushbrk 12,903]

As others have said, using different words, the chances of being granted an F-1 student visa with a pending Immigrant Visa case are none and none-er.  Carry on.