J-1 student visa approval (or non immigrant visa) while I-130 pending?

[latortue 0]

Hello all,

My husband (french) and I find ourselves in a rather frustrating dilemma. Any advice/experience with this would be appreciated.

Married in April in France and still currently living here (I was on a student visa at the time, hence ineligible for DCF), we filed our I-130 in Vermont shortly afterwards and received the NOA on June 13. Current processing times put our file at the consulate in france in December, and hence us in America a few months later.

The problem, is that my husband was accepted to a prestigious Master program of which one semester takes place in Phoenix. He needs to be in the US for his classes mid-January. His immigrant visa will certainly not be available by then.

We could apply for a K-3 in hopes of getting us there earlier, but processing times for this are also too long.

We are looking for more information about him applying for a J-1 student visa.

Information on the subject is scarce, and our consulate and USCIS have been less than helpful. But we think we understand that he CAN apply for a student visa, but because this application for a non-immigrant visa contradicts a pending immigration visa, he is not guaranteed approval. This is worrisome to hear, as he has worked very hard to be accepted to this program (and has paid a fortune for it), it would be devastating if he were not able to attend.

We're also aware of the 2 year foreign resident requirement associated with the J-1, but we dont think this applies to him.

Is there any reason they would deny him a student visa, if he can prove that he has been accepted to this (temporary) program, and plans to return to France directly afterward to await the end of his immigrant visa process?

We are also thinking about hiring a lawyer who may be able to get us the K-3 visa in time.

Again, any information is GREATLY appreciated.

[pushbrk 13,058]

Hello all,

My husband (french) and I find ourselves in a rather frustrating dilemma. Any advice/experience with this would be appreciated.

Married in April in France and still currently living here (I was on a student visa at the time, hence ineligible for DCF), we filed our I-130 in Vermont shortly afterwards and received the NOA on June 13. Current processing times put our file at the consulate in france in December, and hence us in America a few months later.

The problem, is that my husband was accepted to a prestigious Master program of which one semester takes place in Phoenix. He needs to be in the US for his classes mid-January. His immigrant visa will certainly not be available by then.

We could apply for a K-3 in hopes of getting us there earlier, but processing times for this are also too long.

We are looking for more information about him applying for a J-1 student visa.

Information on the subject is scarce, and our consulate and USCIS have been less than helpful. But we think we understand that he CAN apply for a student visa, but because this application for a non-immigrant visa contradicts a pending immigration visa, he is not guaranteed approval. This is worrisome to hear, as he has worked very hard to be accepted to this program (and has paid a fortune for it), it would be devastating if he were not able to attend.

We're also aware of the 2 year foreign resident requirement associated with the J-1, but we dont think this applies to him.

Is there any reason they would deny him a student visa, if he can prove that he has been accepted to this (temporary) program, and plans to return to France directly afterward to await the end of his immigrant visa process?

We are also thinking about hiring a lawyer who may be able to get us the K-3 visa in time.

Again, any information is GREATLY appreciated.

Lawyers cannot speed up the visa process. Generally, they end up slowing it down due to their own delay in dealing with paperwork. You could mail the I-129F for spouse tomorrow if you really wanted to. That would get you quite a jump on any attorney. Once petitions are in the hands of USCIS, attorney's have no influence on their processing.

I think it is worth trying for the student visa. Send a cover letter explaining the situation and your intentions. It's worth a try. You don't mention how long the educational program is. Is it short enough to just enter on the Visa Waiver Program? Entry isn't gauranteed but it is one option to consider.

[JA Tam 7]

I second that (about using a lawyer). Using a lawyer has slowed the process for my husband's IV. They filed paperwork that they needed to send to me to have action taken on it and it was sitting in their offices for almost 6 weeks. I had to be the one to point out to them that they need to locate the paperwork so that we could get the process moving. If I had been dealing with this myself, I believe my husband would already be here.

Take your chances on your own and we'll be praying for you.