Applying for Student Visa while marriage-based GC in progress?
#1
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Hi!
My wife has applied for a Green Card (I am a Green Card holder) from her
home country. While she is waiting for her priority date to get current, she
has gotten admission into a US university. Can she apply for a student visa
on the basis of that I-20 and come to US on that visa? What are the chances
of getting a visa successfully assuming everything else (finances, birth /
marriage documents) is in order? Is she automatically disqualified once she
indicates she is married to a GC holder and has applied for the GC herself?
Apologies in advance if this is in a FAQ somewhere.
Thanks!
-RK
My wife has applied for a Green Card (I am a Green Card holder) from her
home country. While she is waiting for her priority date to get current, she
has gotten admission into a US university. Can she apply for a student visa
on the basis of that I-20 and come to US on that visa? What are the chances
of getting a visa successfully assuming everything else (finances, birth /
marriage documents) is in order? Is she automatically disqualified once she
indicates she is married to a GC holder and has applied for the GC herself?
Apologies in advance if this is in a FAQ somewhere.
Thanks!
-RK
#2
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Automatically is the wrong word but it's very likely to be denied. All
students most demonstrate that they are non-immigrants, that they intend to
return to their home country and that they have the resources to complete
the course of study. Having an I-130 filed for her and a PR husband makes it
a bit difficult to fulfill those. She could try but I would expect it to be
denied. However, that denial shouldn't complicate the issuance of the
immigrant visa when that's available.
Andy.
--
I'm not really here - it's just your warped imagination.
"qfgmaniac" wrote in message
news:[email protected]...
> Hi!
> My wife has applied for a Green Card (I am a Green Card holder) from her
> home country. While she is waiting for her priority date to get current,
she
> has gotten admission into a US university. Can she apply for a student
visa
> on the basis of that I-20 and come to US on that visa? What are the
chances
> of getting a visa successfully assuming everything else (finances, birth /
> marriage documents) is in order? Is she automatically disqualified once
she
> indicates she is married to a GC holder and has applied for the GC
herself?
> Apologies in advance if this is in a FAQ somewhere.
> Thanks!
> -RK
students most demonstrate that they are non-immigrants, that they intend to
return to their home country and that they have the resources to complete
the course of study. Having an I-130 filed for her and a PR husband makes it
a bit difficult to fulfill those. She could try but I would expect it to be
denied. However, that denial shouldn't complicate the issuance of the
immigrant visa when that's available.
Andy.
--
I'm not really here - it's just your warped imagination.
"qfgmaniac" wrote in message
news:[email protected]...
> Hi!
> My wife has applied for a Green Card (I am a Green Card holder) from her
> home country. While she is waiting for her priority date to get current,
she
> has gotten admission into a US university. Can she apply for a student
visa
> on the basis of that I-20 and come to US on that visa? What are the
chances
> of getting a visa successfully assuming everything else (finances, birth /
> marriage documents) is in order? Is she automatically disqualified once
she
> indicates she is married to a GC holder and has applied for the GC
herself?
> Apologies in advance if this is in a FAQ somewhere.
> Thanks!
> -RK
#3
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Andy Platt wrote:
>
> Automatically is the wrong word but it's very likely to be denied. All
> students most demonstrate that they are non-immigrants, that they intend to
> return to their home country and that they have the resources to complete
> the course of study. Having an I-130 filed for her and a PR husband makes it
> a bit difficult to fulfill those. She could try but I would expect it to be
> denied. However, that denial shouldn't complicate the issuance of the
> immigrant visa when that's available.
Even if she didn't have the I-130 filed, it still would still be a
challenge since she has a husband living in the US
>
> Automatically is the wrong word but it's very likely to be denied. All
> students most demonstrate that they are non-immigrants, that they intend to
> return to their home country and that they have the resources to complete
> the course of study. Having an I-130 filed for her and a PR husband makes it
> a bit difficult to fulfill those. She could try but I would expect it to be
> denied. However, that denial shouldn't complicate the issuance of the
> immigrant visa when that's available.
Even if she didn't have the I-130 filed, it still would still be a
challenge since she has a husband living in the US