Can my husband enter the US as a Student then AOS to Spousal Visa? We are already Married

[kiamha 0]

Hello,

I am USC my husband is UK citizen. We have been married for 2 years. He is wanting to start a course in the US in January. We are looking at filling DCF, but London has a huge backlog and apparently the processing will take 5 months. Obviously, this would cause him to miss his course.

The best alternative that we can think of is for him to enter on a student visa, then file for adjustment of status and apply for Spousal Visa.

Has anyone done this? Will it cause any problems in the long-term for his permanent status? The goal is to remain in the US after he finishes studying.

Thanks so much!

[Mononoke28 134]

Hello,

I am USC my husband is UK citizen. We have been married for 2 years. He is wanting to start a course in the US in January. We are looking at filling DCF, but London has a huge backlog and apparently the processing will take 5 months. Obviously, this would cause him to miss his course.

The best alternative that we can think of is for him to enter on a student visa, then file for adjustment of status and apply for Spousal Visa.

Has anyone done this? Will it cause any problems in the long-term for his permanent status? The goal is to remain in the US after he finishes studying.

Thanks so much!

Yes, he can enter the US with either a student visa or under the Visa Waiver Program and then change his status by filing for AOS. BUT, keep in mind that planning to do this before he enters the US is considered fraud because his intentions are not to come and just visit or study but to remain in the US permanently. If Immigration sees it this way, they will consider it fraud and your case will be denied.

Diana

[missads 59]

...

The best alternative that we can think of is for him to enter on a student visa, then file for adjustment of status and apply for Spousal Visa.

...The goal is to remain in the US after he finishes studying.

Thanks so much!

The student visa is a non-immigrant visa. To get it, your husband will have to prove that he is not a potential immigrant. That might be difficult if his wife (you) is a USC, living in the United States.

If he can somehow prove that he has ties to the UK and will return there after studying, he might be able to get a student visa. Perhaps you can show intent to settle with him in the UK?

Unless you are extremely lucky, your plan might be nixed at the student visa application stage ...

P.S. This is the case for most countries, not sure if UK citizens get special dispensation ...

Edited September 20, 2010 by missads

[HeatDeath 430]

It is not legal to enter on a student visa with the intent of staying and adjusting status. At the time he enters on the student visa, he must be intending to complete his course of study and return home. It is legal to adjust status from a student visa, but only if he did not have the intent to do so at the time he entered the US.

In your case, since he would be entering with the intent of adjusting status and staying, he would be misrepresenting himself at the border as intending to complete a course of study and depart when he actually intends to stay, and that would be illegal, unfortunately. If, during the AOS interview, he is deemed to have actually intended to stay at the time he entered, that could cause significant problems.

Unfortunately, you can't "adjust" from a student visa to a spousal visa once you're in the country. You can only apply for permanent residence. In your situation I would probably bite the bullet and take a later section of the course. Ultimately, setting him up stably and legally in the US is a more important long-term goal than getting this particular section of the course.

The other option would be for him to enter, take the course, return home, and apply for a spousal visa. That would entail a several months separation though. Probably better just to bite the bullet and do DCF now, however long it takes.

[canadian_wife 1,791]

As someone who has obtained an F-1 visa, you NEED to prove you intend to return to your home country and prove that you do not have immigrant intent. Clealy he cannot do that

Futher, intending to misuse a non-immigrant visa, such as an F-1, to circumvent the immigration laws is illegal. You cannot intend to enter on a non-immigrant visa when you, in fact, intend on adjusting status. That is fraud and carries a lifetime ban from the US.

Worth it?

Good luck

[missads 59]

...

The best alternative that we can think of is for him to enter on a student visa, then file for adjustment of status and apply for Spousal Visa.

...The goal is to remain in the US after he finishes studying.

Thanks so much!

I reread your post. It looks like you live with him in the UK now? That might work in your favor, as far as showing intent to settle with him in the UK after his studies are over. Plans do change, so once the student visa is issued and he enrolls in school in the US, you are legally allowed to apply for permanent residence...

Please note, that if he declares that he intends to remain in the US after studies, his student visa application is dead in the water...

Also, you can't misrepresent your intent to immigrate, but IMO you do have a plausible case here. You'd like to do a DCF, but it takes long and your husband would miss his course...

[Darnell 8,478]

some terms are 'mutually exclusive' - ie - they don't belong together.

AOS and 'Spousal Visa', for example.

Pick one, or the other, ya?

FWIW, I gave you some detail about how to expedite a DCF'd I-130 at the Embassy in London, IV Unit - are you gonna pursue that, or no? (If you've no idea what I'm talking about, please visit yer prior posts and the replies to same).

Edited September 20, 2010 by Darnell

[kiamha 0]

some terms are 'mutually exclusive' - ie - they don't belong together.

AOS and 'Spousal Visa', for example.

Pick one, or the other, ya?

FWIW, I gave you some detail about how to expedite a DCF'd I-130 at the Embassy in London, IV Unit - are you gonna pursue that, or no? (If you've no idea what I'm talking about, please visit yer prior posts and the replies to same).

Hi Darnell,

Thank you so much for your posts!

I'm still trying to get the lingo down - its a lot to learn.

I did get your previous posts re: attending the embassy and personally requesting an expedite. I do plan on doing this. However, if it dosent go well, I just want to make sure we have considered Everything possible.

I actually rang the US 1-800 immigration number today. And this guy whom I spoke to was telling me that my husband can come to the US immediately on a tourist visa, then the very next day after he arrives we can file the I-130 and request an AOS - and that its all Legal! And he said that was the fastest way to get a green card.

I kept pressing him because this completely contradicts everything written here. He eventually elevated me to an actual immigration officer who confirmed everything on this site! (Of course she did not have all of the hints, tips, and helpful information that is here). But, just imagine - had I not known better, I would have believed the first guy with whom I spoke and potentially jeopardized my husbands chance of becoming a citizen! And he works for the US immigration department!

We have ruled out the idea of applying for a student visa. We don't want to do anything illegal that would put long-term goals in jeopardy!

Thank You Again!!! Marsha

some terms are 'mutually exclusive' - ie - they don't belong together.

AOS and 'Spousal Visa', for example.

Pick one, or the other, ya?

FWIW, I gave you some detail about how to expedite a DCF'd I-130 at the Embassy in London, IV Unit - are you gonna pursue that, or no? (If you've no idea what I'm talking about, please visit yer prior posts and the replies to same).

Hi Darnell,

Thank you so much for your posts!

I'm still trying to get the lingo down - its a lot to learn.

I did get your previous posts re: attending the embassy and personally requesting an expedite. I do plan on doing this. However, if it dosent go well, I just want to make sure we have considered Everything possible.

I actually rang the US 1-800 immigration number today. And this guy whom I spoke to was telling me that my husband can come to the US immediately on a tourist visa, then the very next day after he arrives we can file the I-130 and request an AOS - and that its all Legal! And he said that was the fastest way to get a green card.

I kept pressing him because this completely contradicts everything written here. He eventually elevated me to an actual immigration officer who confirmed everything on this site! (Of course she did not have all of the hints, tips, and helpful information that is here). But, just imagine - had I not known better, I would have believed the first guy with whom I spoke and potentially jeopardized my husbands chance of becoming a citizen! And he works for the US immigration department!

We have ruled out the idea of applying for a student visa. We don't want to do anything illegal that would put long-term goals in jeopardy!

Thank You Again!!! Marsha

[closed-20101014 3]

Just posting to say how freaking idiotic this is. So if you want to study in USA you have to prove you have no plan to stay in USA? What on earth do they suppose people want to study in the USA FOR? To get a freaking US-pertinent degree so they can hopefully find employment in the USA of course! I mean if I went to Japan to study Japanese nobody would be telling me "but you're not welcome once you finish the degree, god forbid educated foreigners with job prospects actually STAY here! That might actually improve native-foreign relations, can't have that!"

I mean I heard the news the other day and they were complaining it was a problem that some % of people who came in on a student visa were still here 3 years later. OH HEAVEN FORBID! This was UK based news. I simply don't understand either countries' attitude to this complete non-issue.

[canadian_wife 1,791]

Hi Darnell,

then the very next day after he arrives we can file the I-130 and request an AOS - and that its all Legal! And he said that was the fastest way to get a green card.

Oh my! that is riskier than the student visa approach you want to try. You have to ask yourself, are these short cuts, and possible denial (for which on a VWP there is no appeal)which may lead to a lifetime ban worth it? My goodness!

Shirorisu....seriously? you being judgemental?

[Darnell 8,478]

Monday.

Tuesday.

and now coming up.....................-> Wednesday.

I hope, by now, you've figured out how to get into the Embassy in London , to drop off yer 'properly filled out' I-130 petition, and have some idea of how to ask for the expedite ?

[IndigoSkies 168]

-dp-

Edited September 21, 2010 by IndigoSkies

[IndigoSkies 168]

I made a little art using the texts in this thread.

[Darnell 8,478]

oooooooooh -spooky ! I like it !

[closed-20101014 3]

I sincerely don't know why it is judgemental to think that students with an interest in studying in a foreign country should not be discouraged, nay BANNED from staying in that country "on purpose." Any particular reason for thinking that work in said country and a future, settling down and eventual citizenshiop would not be the NATURAL goal of anyone wanting to actually study in that country? I mean a US degree is worth more in the US than it is in the UK, for example. And I wasn't kidding when I said if I went to Japan to study Japanese and gained a degree there, then AOS to work visa would be considered a natural thing, and completely allowed. I was looking at that route before. We're talking a country that let me AOS to a marriage based visa from tourist visa via marriage to a man with work visa (not permanent residence.) And I completely planned to marry him from the get go and told every government employee who asked about the whole plan.

UK doesn't even LET you AOS from tourist, US lets you "if you had no intent." My brain just hurts at these weird attitudes.