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IR-1/CR-1 and Student Visa

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I have been married for several months. The marriage took place in the U.S. However, my spouse wants to study in the U.S. and is currently living and working abroad. We have not file for the I-130 yet as a result of the above reason.

My question is that our original intent was to file for IR-1/CR-1 but does this affect on my spouse's ability to get F1 when they get accepted to grad school? Or should we file a different visa. I have read through different posts regarding school but am still confused on the correct procedure.

My understanding is that under IR-1/CR-1 visa, the spouse can visit as long as they have proof they have no intent in staying in the US and just temporarily visiting (return ticket, proof from employer etc...). However, if the foreign spouse is looking to attend school while the visa is being processed, how do we handle this? It is obvious that once the visa is approved, that they will be staying here permanently.

Thank you!

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Your best bet would be to file the I-130 and have your spouse wait until he gets the visa to attend school. This is because it will be next to impossible for him to get a non-immigrant visa (such as a student visa) while married to an American and obviously no intentions of returning to his home country. Non-immigrant visas are for people who want to study in the US and then leave, the he would be required to show proof of his intent to return after his studies.

Also, the fees for an international student are MUCH higher than that of a green card holder

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Your best bet would be to file the I-130 and have your spouse wait until he gets the visa to attend school. This is because it will be next to impossible for him to get a non-immigrant visa (such as a student visa) while married to an American and obviously no intentions of returning to his home country. Non-immigrant visas are for people who want to study in the US and then leave, the he would be required to show proof of his intent to return after his studies.

Also, the fees for an international student are MUCH higher than that of a green card holder

good luck

Thank you for the response. I definitely agree about the student fees! I had been reading through various forums and people had been mentioning about K-3 and changing status but I'm not sure how this works with the F1 visa. It is very confusing and I don't want to make the mistake having my spouse deported or block from entry to the US or having the visa refused. Of course, the waiting from the visa would be the easiest but we wanted to know if there are other choices other than waiting.

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File for the immigrant visa. The F-1 will be difficult to obtain since he has immigrant intent.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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