Married to a us citizen but outside the states

[moabdalla 0]

Hello, I'm married to a us citizen and now I'm finishing my studies in my home country. I need to know the process of getting a visa back to the us to be with her?

I'm also working to get my masters/phd at the us so how to act? should I get a student visa while I have a wife there or should I start with IR1 type visa first?

[OldUser 6,607]

Just get your US spouse sponsor you for IR-1 visa by filing I-130 petition.

 

Getting student visa with US spouse is challenging.

 

If the long term plan is to live in the US don't try getting non-immigrant visas.

Edited August 16 by OldUser

[moabdalla 0]

36 minutes ago, OldUser said:

Just get your US spouse sponsor you for IR-1 visa by filing I-130 petition.

 

Getting student visa with US spouse is challenging.

 

If the long term plan is to live in the US don't try getting non-immigrant visas.

I'm entering my senior year of Engineering, I need to peruse a masters/phd so I should be applying starting from October for a fall semester 2025.
So as I understand it, I need to finish with my IR-1 Visa before doing a student visa or I wouldn't need to do a student visa at this point? 

[pushbrk 12,869]

39 minutes ago, moabdalla said:

I'm entering my senior year of Engineering, I need to peruse a masters/phd so I should be applying starting from October for a fall semester 2025.
So as I understand it, I need to finish with my IR-1 Visa before doing a student visa or I wouldn't need to do a student visa at this point? 

Your timing is not going to work.  You won't get a student visa if already married to a US Citizen and not already in the USA.  If you're already studying in the USA, that's a different question.

 

If you are outside the USA, just get the IR1 visa.  Once you have it and enter, you don't need any student visa.

[SalishSea 17,801]

3 hours ago, moabdalla said:

Hello, I'm married to a us citizen and now I'm finishing my studies in my home country. I need to know the process of getting a visa back to the us to be with her?

I'm also working to get my masters/phd at the us so how to act? should I get a student visa while I have a wife there or should I start with IR1 type visa first?

It will take a couple of years.   

[Dashinka 24,479]

10 hours ago, moabdalla said:

I'm entering my senior year of Engineering, I need to peruse a masters/phd so I should be applying starting from October for a fall semester 2025.
So as I understand it, I need to finish with my IR-1 Visa before doing a student visa or I wouldn't need to do a student visa at this point? 

Why do you need to pursue your Masters/PhD immediately?  Engineering with a BS is very lucrative in the US and elsewhere, and oftentimes if you get a good job, you can pursue a Masters at least with the company you are working for paying the bill.

 

This being said, your OP was a little confusing, it seems as if your USC spouse is in the US and not located with you.  I would focus on her petitioning you for a spousal visa (I agree with the others, an NIV such as a student visa, would be a waste of time and money), and then find a job, and look at continuing education later.  You would be surprised how much real work experience helps when continuing education as it may change your outlook and you may want to pursue an MBA instead of an MS/PhD in engineering.  I am an engineer as well, got a job with a good company, and then took that route.

 

Good Luck!

[moabdalla 0]

3 hours ago, Dashinka said:

Why do you need to pursue your Masters/PhD immediately?  Engineering with a BS is very lucrative in the US and elsewhere, and oftentimes if you get a good job, you can pursue a Masters at least with the company you are working for paying the bill.

 

This being said, your OP was a little confusing, it seems as if your USC spouse is in the US and not located with you.  I would focus on her petitioning you for a spousal visa (I agree with the others, an NIV such as a student visa, would be a waste of time and money), and then find a job, and look at continuing education later.  You would be surprised how much real work experience helps when continuing education as it may change your outlook and you may want to pursue an MBA instead of an MS/PhD in engineering.  I am an engineer as well, got a job with a good company, and then took that route.

Thank you for the helpful information. May I ask if there's fee waivers for the process for a spousal visa? As I'm still an Engineering student and she's financially challenged.

[Crazy Cat 41,810]

6 minutes ago, moabdalla said:

May I ask if there's fee waivers for the process for a spousal visa?

Fee waiver is not available for an I-130.

[Dashinka 24,479]

31 minutes ago, moabdalla said:

Thank you for the helpful information. May I ask if there's fee waivers for the process for a spousal visa? As I'm still an Engineering student and she's financially challenged.

She will need to find a co-sponsor.  The co-sponsor has to be an adult, either a USC or LPR and residing in the US.

 

Good Luck!

Edited August 16 by Dashinka

[pushbrk 12,869]

3 hours ago, Crazy Cat said:

Fee waiver is not available for an I-130.

Not only is there no fee waiver, but you will need a qualified sponsor to complete the process.  She must be the primary sponsor, but there can be a "joint sponsor" who is qualified.  Many other factors to consider when the US Citizen is "financially challenged" and the foreign spouse is not, particularly if they are coming from a country with lots of US Immigration fraud.  Fortunately, Taiwan is not one of those.

[moabdalla 0]

18 hours ago, pushbrk said:

Not only is there no fee waiver, but you will need a qualified sponsor to complete the process.  She must be the primary sponsor, but there can be a "joint sponsor" who is qualified.  Many other factors to consider when the US Citizen is "financially challenged" and the foreign spouse is not, particularly if they are coming from a country with lots of US Immigration fraud.  Fortunately, Taiwan is not one of those.

What defines "qualified sponsor" ?
And also what is the case if I'm coming from Egypt?

[OldUser 6,607]

1 hour ago, moabdalla said:

What defines "qualified sponsor" ?
And also what is the case if I'm coming from Egypt?

A US citizen or US LPR whose income exceeds 125% of HHS poverty guidelines as specified here:

 

https://www.uscis.gov/i-864p

 

For example, if it's somebody with household size of 2 living in one of the 48 contiguous states, the 125% is $25550. So if the sponsor makes over $40000 it should be easy, if between $30000 and $40000 it's a little harder, and if it's below $30000 it may be a challenge. If it's below $25550 then they're not qualified.

 

The more dependants the person has, the higher income they need to be a sponsor.

 

Edited August 17 by OldUser

[pushbrk 12,869]

4 hours ago, moabdalla said:

What defines "qualified sponsor" ?
And also what is the case if I'm coming from Egypt?

What qualifies has been answered.  Not sure why I thought Taiwan.  Egypt is a different story altogether.  It's not ultra high fraud, but you need to do some homework and so does she.  Homework beyond asking questions.  You've got two major issues we know of now.  1.  A petitioner who is not a qualified sponsor, and the issue of convincing a Consular Officer your marital relationship is bona fide (Genuine) instead of just for immigration purposes.

 

While it is true that any US Citizen or Lawful Permanent Resident living in the USA can be the joint sponsor, it should be somebody with a plausible reason to want to be.  It's a daunting obligation.  Check out the I-864 and the wording above where they sign.