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Applying for Student Visa while marriage-based GC in progress?

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Applying for Student Visa while marriage-based GC in progress?

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Old Jan 10th 2003, 6:16 am
  #1  
Qfgmaniac
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Default Applying for Student Visa while marriage-based GC in progress?

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
 
Old Jan 10th 2003, 6:30 am
  #2  
Andy Platt
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Default Re: Applying for Student Visa while marriage-based GC in progress?

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
 
Old Jan 10th 2003, 8:27 am
  #3  
Michael Voight
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Posts: n/a
Default Re: Applying for Student Visa while marriage-based GC in progress?

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
 

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