IR1/ CR1 vs. Student Visa

[Princess Et 0]

Good morning, in filing a IR1 or CR1,

 

I have a question. If a spouse has already started a student visa and has been approved by the school in the US…

 

will it be wise to also start the IR1 or CR1 visa? 
 

and when/ if spouse is approved with the student visa, will they be able to work? 
 

what’s the best advice you can give please?
 

 

much thanks 

[Redro 4,611]

27 minutes ago, Princess Et said:

Good morning, in filing a IR1 or CR1,

 

I have a question. If a spouse has already started a student visa and has been approved by the school in the US…

 

will it be wise to also start the IR1 or CR1 visa? 
 

and when/ if spouse is approved with the student visa, will they be able to work? 
 

what’s the best advice you can give please?
 

 

much thanks 

Has the F1 visa been approved?

[Princess Et 0]

The F1 has not been processed yet 

[Unlockable 7,314]

1 hour ago, Princess Et said:

and when/ if spouse is approved with the student visa, will they be able to work? 
 

 

You can't work on a student visa. That is a rule students must understand and obey when they apply for this type of visa. They are students, not workers. The only exception is approved limited work for the school they are attending.

[powerpuff 6,705]

~ Moved from IR1/CR1 Progress Reports to IR1/CR1 Procedures ~

[powerpuff 6,705]

~ Duplicate thread removed. Please do not post multiple threads on same/related topics as that’s considered spamming. Keep all the discussion in this thread ~

[carmel34 3,633]

F-1 is only approved after a visa interview at the embassy/consulate abroad, and to be approved the applicant needs to convince the CO that he/she will return to their home country, showing strong ties, as an F-1 is a non-immigrant visa.  If the F-1 applicant has already shown immigrant intent via a pending spousal visa petition or application, it is unlikely that an F-1 would be approved.  Good luck!

[pushbrk 12,894]

48 minutes ago, carmel34 said:

F-1 is only approved after a visa interview at the embassy/consulate abroad, and to be approved the applicant needs to convince the CO that he/she will return to their home country, showing strong ties, as an F-1 is a non-immigrant visa.  If the F-1 applicant has already shown immigrant intent via a pending spousal visa petition or application, it is unlikely that an F-1 would be approved.  Good luck!

That is all true.  What's more though is that already being married to a US Citizen, will show enough lack of ties to the home country to kill the visa anyway.  Marital status, as well as the name, address, and nationality of spouse is part of any US visa application.  

 

If you're married, start the spouse visa process, but before you do, do your homework, by ready the guides here, downloading the I-130, AND it's instructions. Become an A-Student of all.  Then research the extra care you need to use because your spouse if from Nigeria.

 

We tend to rate difficulty of Consular Units based on the amount of immigration fraud attempts they see.  The ratings for fraud are low, medium, high, and Lagos.

[Rocio0010 5,579]

18 hours ago, Princess Et said:

has been approved by the school in the US…

No such thing as a student visa being approved by the school in the US. The school in the US may accept the applicant, but the visa is approved by the US government through a consulate in the home country (Nigeria in your case).

 

18 hours ago, Princess Et said:

will it be wise to also start the IR1 or CR1 visa? 

Not really. For an F1 visa you need to prove strong ties to your country because you need to show that you don’t intend to stay. An IR/CR1 allows you to stay and live in the US after you marry. 

 

18 hours ago, Princess Et said:

and when/ if spouse is approved with the student visa, will they be able to work? 

Only on campus, a certain amount of hours per week, and if allowed by the school. There are some exceptions to working on campus, such as CPT, but you need to be allowed by the school and meet certain criteria.

Suggestions: do your homework, research on IR/CR1 one, gather all the required documentation, and file. Don’t try to take a shortcut by applying to another visa because it might backfire on you.

[Redro 4,611]

If you're interested in studying and working in the States at the same time. I suggest you apply for the CR1/IR1 visa. Being married to a USC will likely result in the denial of your student visa. 

[Just Paul 4,595]

A school issues a I-20 to indicate to USCIS that you have been accepted in an approved program.  The school believes that you have the funds available to you to support your life/ program in the US.   You then pay the SEVIS fee to trigger the DS-160 and interview.   The Department of State then interviews you, determines your ties back to your home country (meaning that you do not have immigrant intent) and will review the finances again, along with anything else they wish.

 

Filing an I-130 shows you have immigrant intent.   Being married to a USC shows that you have stronger ties to remain in the US than your home country.

 

Working on a F/M visa is very limited an is usually something part time on campus.