Am a green card holder and I need advise on getting a student visa for my hubby

[rola 0]

Am a green card holder went home (nigeria) and got married September 2015. My hubby has always had a dream to come study nursing in the US and i support him 100% so that by the time am petitioning for him, he would have finished his nursing program and would be able to support us his family. My questions are what are the likely chances we have of getting a student visa once they know am a green card holder plus the truth is i miss my hubby and we also hope to start a family soon but i feel petitioning for him is a too long wait so we thought while not get a career in the US with a 2yrs student visa which will also be about the time i can petition for him and in between start a family. I will be his sponsor, also find a school close to where i live. So my question is what would you advise or which route would u advise we take to getting a student visa with my green card not being grounds for denial ?

[dwheels76 5,468]

Am a green card holder went home (nigeria) and got married September 2015. My hubby has always had a dream to come study nursing in the US and i support him 100% so that by the time am petitioning for him, he would have finished his nursing program and would be able to support us his family. My questions are what are the likely chances we have of getting a student visa once they know am a green card holder plus the truth is i miss my hubby and we also hope to start a family soon but i feel petitioning for him is a too long wait so we thought while not get a career in the US with a 2yrs student visa which will also be about the time i can petition for him and in between start a family. I will be his sponsor, also find a school close to where i live. So my question is what would you advise or which route would u advise we take to getting a student visa with my green card not being grounds for denial ?

An immigrate applying for a student Visa with a wife that's a green card holder. Would be hard to get approved because they will wonder if the intent is truly to come to school or to immigrate. Cuz obviously adjustment of status would be your next move. Better to start the papers rollin now to send in your petition for I-130. Being a green card holder expect 2 years.

Of course nothing is stopping him to try a student Visa. It's already February and many students are already applying. So he needs to find a school that fits his major and than apply get accepted ad get the school to sponsor him. No small thing o.

[canadian_wife 1,822]

He can always apply to a school, show he can support himself financially, and submit an application to the consulate. BUT:

- You miss him and 2 years is too long to wait

- You want to start a family

This screams visa fraud. To use a non-immigrant visa to immigrate to the US is visa fraud. It sounds like your husband does not want to travel to the US to go to school as a dream of his, but you want him there to ease the separation. I am not blaming you, the wait is terrible. But the chances will be low based on what you've said so far.

When submitting a student visa application one must show ties to a home country and be able to justify why one must return after studies. Clearly this is not the case for your husband. Immigrant intent is clear.

good luck

[kalusha 21]

He can always apply to a school, show he can support himself financially, and submit an application to the consulate. BUT:

- You miss him and 2 years is too long to wait

- You want to start a family

This screams visa fraud. To use a non-immigrant visa to immigrate to the US is visa fraud. It sounds like your husband does not want to travel to the US to go to school as a dream of his, but you want him there to ease the separation. I am not blaming you, the wait is terrible. But the chances will be low based on what you've said so far.

When submitting a student visa application one must show ties to a home country and be able to justify why one must return after studies. Clearly this is not the case for your husband. Immigrant intent is clear.

good luck

I strongly agree with Canadian on this one, your intent is well known so you might as well start the process for the CR1. 2 years wait is better than total denial which might complicate things down the road. Take our advice, many have waited so please start it now while your marriage is still fresh.,Good luck

[Cathi 5,748]

Am a green card holder went home (nigeria) and got married September 2015. My hubby has always had a dream to come study nursing in the US and i support him 100% so that by the time am petitioning for him, he would have finished his nursing program and would be able to support us his family. My questions are what are the likely chances we have of getting a student visa once they know am a green card holder plus the truth is i miss my hubby and we also hope to start a family soon but i feel petitioning for him is a too long wait so we thought while not get a career in the US with a 2yrs student visa which will also be about the time i can petition for him and in between start a family. I will be his sponsor, also find a school close to where i live. So my question is what would you advise or which route would u advise we take to getting a student visa with my green card not being grounds for denial ?

the chances are slim to none, especially from Nigeria, a very high fraud country. Just being honest. You should get the ball rolling on the I-130

Edited February 11, 2016 by mimolicious

[rola 0]

Thanks everyone. I just wanted to know our chances, i will take your advise and start with the filing instead. 2yrs seems pretty long but i wont want to mess things up, he can always start his nursing degree when he gets here. I just wish the waiting time can be reduced?

[canadian_wife 1,822]

Thanks everyone. I just wanted to know our chances, i will take your advise and start with the filing instead. 2yrs seems pretty long but i wont want to mess things up, he can always start his nursing degree when he gets here. I just wish the waiting time can be reduced?

I understand, but that is not the purpose of a student visa. The consular officer will know this as well and the visa will likely be denied.

good luck

[NigeriaorBust 4,087]

You may get lucky and the wait for LPR's gets shorter during that time. It wasn't long ago that there was no wait ( but then again I also remember not far back when the wait was closer to 5 years ) To get a student visa he would have to show funds to pay for school and fees for international students are high, would he be able to show he has 15 thousand or more for each year ? He would also be very limited for work on a student visa. How soon can you apply for USC

Edited February 11, 2016 by NigeriaorBust

[Boiler 45,516]

What is he studying now?

[HFM181818 750]

he would also have to convince the CO that he would be returning to Nigeria instead of staying put in the US with his wife.....good luck with that, because that's not happening.

[R2B 2]

Sometime I feel the visa policy is funny.

I see nothing wrong in OP's all-win plan.

OP and Husband: Stay Together

Husband: Get US Education to prepare future employment , well prepared.

US School: Get more tuition as International Student Standard.

US Government: Spend less for future cost for his husband, (such as education, employment service), Get more tax from a ready to work new immigrant.

In case student visa refused, sooner or later , OP's husband will still get petitioned and move to US, (considering no change in marriage status), at that time, he might go to government funded free or low cost school to improve english, go to seek job and might earn less than a nurse job, and might be unemployed for quite a while.

why not let him spend more money in US now? why could not a CO see that in a big picture?

[HFM181818 750]

Because the CO has to obey the law, and under INA 214b, the applicant must convince the CO that he or she will return to their country following conclusion of their studies, not just stay put and do whatever. A CO would be violating the law and his or her ethics to adjudicate otherwise. We don't make such decisions on whether or not we think the applicant will make a good citizen or LPR....that's not how these applications are to be assessed. And therein lies the flaw in the plan...the applicant clearly has NO intention of returning to his own country.....

[R2B 2]

Thanks @HFM181818

However, do you really believe any F1 applicant approved by you would return to their home country after graduation?

What if an applicant with I-20 from ivy league school told you the truth that he hoped to work and immigrate to US after graduation? Deny him?

If that's the case, all applicants have to make stories that he or she has to leave US because the career path will be much brighter in home country rather than in US, or he has to return because his parents are getting old and he need to go back to take care of them.

I wonder what's the ratio of F1 student returned to home country ?

After living/studying in US for several years, probably there are only 2 reasons to return:

1. Failed to get H1B / CR1 status after OPT expires

or

2. Return to help his/her father operate a multi-million family business in home country.

Edited February 13, 2016 by R2B

[Boiler 45,516]

I can think of many cases where it is pretty obvious that there is no likely prospect of a return and a F1 has been granted.

Children of E2's for example.

[rola 0]

@HFM181818

Am going to petition for hubby anyways, we just tought during the wait he can as well get his lvn done so that by the time he gets his work permit he also has a good job to support his family. Most people don't spend all that money to get an education here only to return home and not get a job. If he gets a student visa say 2yrs does his lvn which is approximately to the least waiting time and the petition approved, his able to start work and a good job at that. I think those who they should be concerned most about is those people who come in with student visa and dont return when they are done with an expired visa and would probably commit marriage fraud so they could stay or better stil dont even attend school.i get to petition for my hubby while his in school for me i think thats planning ahead. But i will just go ahead and petition for him and endure the wait.

Thanks all for your contribution we will save resources and wait rather than spend money for student visa and get denied. I will just have to keep traveling back and forth