F1 Student Visa Renewal & Married

[g3tM0vIn6 0]

Hello, 

 

My wife and I got married earlier this year and she had to go back home to see family and go do something for university in another country. When she went for her interview to renew the student visa she got denied due to administrative processing. It sounds like she wasn't granted much time during the interview and was never asked for documentation but rather immediately denied. All the additional documents have been provided and now we are 2 months and still no answer. We contact our senator and her sponsor did the same but we both got similar responses (its a long process). 

 

Does anyone know if these could have played a part in our situation? 

 

1. We got married?

2. Her visa had expired before she left?

3. Discrimination/ racial profiling? 

 

I've been told that we need to start the green card process immediately from another source but I don't know if that's true and don't understand the reason the embassy would say we need more documents instead of just denying her if we got married. 

[Crazy Cat 41,985]

1.  Definitely-  A spouse in the US is a strong tie to...the US & could demonstrate immigrant intent.

2.  Absolutely-  Was she out of status when she left the US?  If so, how long was she out of status?  That could ensure she never obtains another non-immigrant visa. 

3.  No.  

 

Edited November 16, 2023 by Crazy Cat

[g3tM0vIn6 0]

1. We thought renewing the visa was the first start so we could start the green card process when she got back. Heard that it gets more complicated without a visa and since she is getting a PhD, we were thinking that was the correct path to take. I don't know though since this is our first time dealing with this. 

2. yes, my wife visa had been expired for a year but that isn't completely her fault. The university intonational department told her that she had a "use case" to be in the U.S. to complete her studies with the university and if the visa expired she was still here in the USA legally.

Edited November 16, 2023 by g3tM0vIn6

[Crazy Cat 41,985]

3 hours ago, g3tM0vIn6 said:

1. We thought renewing the visa was the first start so we could start the green card process when she got back. Heard that it gets more complicated without a visa and since she is getting a PhD, we were thinking that was the correct path to take. I don't know though since this is our first time dealing with this. 

2. yes, my wife visa had been expired for a year but that isn't completely her fault. The university intonational department told her that she had a "use case" to be in the U.S. to complete her studies with the university and if the visa expired she was still here in the USA legally.

1.  You heard wrong.  There is no path for a Green Card from an F-1 visa.  In fact, a person cannot enter the US as a non-immigrant (except a K-1) with the intent to stay and adjust status.   That is fraud.  I wish you had come here before she left.

2.  If she was really out of status for a year, she will have a 10 year ban from entering the US.  The university might be correct.

 

Edited November 16, 2023 by Crazy Cat

[Crazy Cat 41,985]

14 minutes ago, g3tM0vIn6 said:

The university intonational department told her that she had a "use case" to be in the U.S. to complete her studies with the university and if the visa expired she was still here in the USA legally.

But she left.....

[Crazy Cat 41,985]

59 minutes ago, g3tM0vIn6 said:

the embassy would say we need more documents

What documents did they request?

[Boiler 45,757]

I seriously doubt she was out it of status.

 

But you certainly are implying that her intent is to enter the US and stay, she applied for a non immigrant visa not an immigrant one so she applied for the wrong visa.

[Crazy Cat 41,985]

Just now, Boiler said:

I seriously doubt she was out it of status.

My thoughts, too.  

[g3tM0vIn6 0]

documents:

• Resume , publications and references
• Detailed Study/Research Plan
• Advisors Resume 
• University Admissions Letter
• Source of funding for research or degree

 

What if her i-20 was dated for 2026? I mean the intent is for her to finish her studies and maybe we can start the green card process later. We were hoping to keep the visa valid until a future date if we chose to do the green card. 

Edited November 16, 2023 by g3tM0vIn6

[Boiler 45,757]

2 minutes ago, g3tM0vIn6 said:

documents:

• Resume , publications and references
• Detailed Study/Research Plan
• Advisors Resume 
• University Admissions Letter
• Source of funding for research or degree

 

What if she the i-20 was dated for 2026? I mean the intent is for her to finish her studies and maybe we can start the green card process later. We were hoping to keep the visa valid until a future date if we chose to do the green card. 

So if she is not staying what is the plan? Are you moving?

[g3tM0vIn6 0]

We have had discussions but in reality that has not been decided. Its good to plan for the future but the true intent is for her to finish the doctor's program. 

 

I also don't understand how it is considered "Fraudulent" to even consider the green card when she first had the F1 visa for studying and who wouldn't think about it at some point in the future to start the green card process. We know people who are in the U.S. who were here on F1 visa, got married and started the application process for green card.  

 

 

Moving? Maybe! that is TBD but with a PhD and my profession we have a lot more opportunities to go anywhere in the world. 

Edited November 16, 2023 by g3tM0vIn6

[Boiler 45,757]

As I mentioned F1 is a non immigrant visa, anyway it seems her F has not been refused yet so all you can do is see what happens.

[Crazy Cat 41,985]

@g3tM0vIn6

One condition to receive an F-1 visa is to overcome the assumption of immigrant intent.  Once condition is to return to home country after her education.  No One said it is fraudulent to consider a green card at some point in the future.  I said it is illegal to enter the US as a visitor with the intent to stay.  You could file an I-130 for her right now to start the process.  Nothing illegal about that.

Edited November 16, 2023 by Crazy Cat

[g3tM0vIn6 0]

Thank you for responding and its very appreciated. 

 

Did we muddy the water when we got married and that really is the problem? 

Edited November 16, 2023 by g3tM0vIn6

[g3tM0vIn6 0]

If i started the I-130 will that affect the F1 renewal? I know we don't know what the end results will be but I don't want to create a road block with the F1 visa processing .