Student visa for spouse of green card holder

[iamwhatiam80 92]

Hello friends,

I am a US permanent resident. I want to call my wife on a student visa because F2A has a huge backlog and I still have 2 more years to get my citizenship.

Did someone try this before? How hard or easy is it for a spouse of a permanent resident to get the student visa?

Thank you.

[Harpa Timsah 13,258]

You can't "call your wife" but she can apply on her own merits. Generally she has to show that she has enough money to pay for school, and prove that she has ties back to her country so that she won't use a student visa to immigrate. I would think that since your plan is for her to come to the US to wait until she immigrates, that she will be denied, because student visa applicants must not have the intent to immigrate when they apply/enter the country. Good luck.

[RICARDO4EVA2 194]

Hello friends,

I am a US permanent resident. I want to call my wife on a student visa because F2A has a huge backlog and I still have 2 more years to get my citizenship.

Did someone try this before? How hard or easy is it for a spouse of a permanent resident to get the student visa?

Thank you.

I (we) are doing the sam ething for my 15 year old brother. It is not hard getting a student visa for school purpose and before you take the bad advise from some who will post ... know that the DHS/other does not hinder a student visa when there is a petition pending.. it is om travel.state.gov and cbp's website.. so go for it...!

[TinaB33312 1]

You can't "call your wife" but she can apply on her own merits. Generally she has to show that she has enough money to pay for school, and prove that she has ties back to her country so that she won't use a student visa to immigrate. I would think that since your plan is for her to come to the US to wait until she immigrates, that she will be denied, because student visa applicants must not have the intent to immigrate when they apply/enter the country. Good luck.

[RICARDO4EVA2 194]

You can't "call your wife" but she can apply on her own merits. Generally she has to show that she has enough money to pay for school, and prove that she has ties back to her country so that she won't use a student visa to immigrate. I would think that since your plan is for her to come to the US to wait until she immigrates, that she will be denied, because student visa applicants must not have the intent to immigrate when they apply/enter the country. Good luck.

Ahh not true... and u can say that a denial is in place.. or even say close. he can use his merits since he might be the financial sponsor. Check the CBP's web archives and see what it says about Student Visas and Pending Immigration CASE. In that sense you're saying my brother who currently had a tourist visa would be denied a student visa because he might "use it" to immigrate..? hence he had a high chance to be denied..? The answer is no.

[TinaB33312 1]

If you have already applied for a F2A visa for your wife and then apply for a student visa they will ask a lot of questions....it may not be that easy. I know of people who have tried this and have been denied. Subsequently it caused them more harm than good because everything got delayed....

[Anh map 2,098]

Expect extra scrutiny during the interview. With a spouse currently residing in the US the CO will want to be convinced that the visa applicant is truly intending to pursue a degree and not simply find a shorter line for immigration purposes.

[iamwhatiam80 92]

Thank you all for your responses. I have not yet applied for her F2A. I cannot because of the 5 years rule of I-130 application. It states that 5 years have to elapse since I first got my green card OR I will have to prove the bonafides of my previous marriage again because I got my green card based on a marriage.

Well after those 5 years I am anyways gonna apply for my citizenship. But in the meantime I want her to be with me here in the US.

[Anh map 2,098]

Thank you all for your responses. I have not yet applied for her F2A. I cannot because of the 5 years rule of I-130 application. It states that 5 years have to elapse since I first got my green card OR I will have to prove the bonafides of my previous marriage again because I got my green card based on a marriage.

Well after those 5 years I am anyways gonna apply for my citizenship. But in the meantime I want her to be with me here in the US.

What you are saying here will probably bring even more questions and doubt from the CO.

Be sure that your spouse is truthful at the interview. Lying to the CO (and being caught in it) could result in some nasty consequences such as a lifetime ban. Better to be denied and wait than face a ban.

[Aamna123 0]

Hello friends,

I am a US permanent resident. I want to call my wife on a student visa because F2A has a huge backlog and I still have 2 more years to get my citizenship.

Did someone try this before? How hard or easy is it for a spouse of a permanent resident to get the student visa?

Thank you.

Hi,

Pretty much the same situation.My husband has applied for green card already and getting a green card and then sponsoring one for me would take a long time now.Instead i'm planning to go independently on a student visa.But will i get a non immigrant Visa given my husband is already a soon to be green card holder?

Thanks

[pearls 0]

my husband and I were in the same predicament sort of after we got married. We were misguided and thought he can come here and get his masters since its going to take 5 years for him to be able to immigrate, so why not save some time and get a degree here. He got denied and we decided it was foolish to even try and then a few months later I filed his i130. Now can someone help me on how this will effect my husbands case at his interview which is coming up soon.

Edited September 24, 2013 by pearls

[iamwhatiam80 92]

my husband and I were in the same predicament sort of after we got married. We were misguided and thought he can come here and get his masters since its going to take 5 years for him to be able to immigrate, so why not save some time and get a degree here. He got denied and we decided it was foolish to even try and then a few months later I filed his i130. Now can someone help me on how this will effect my husbands case at his interview which is coming up soon.

Trying for a non immigrant visa when there is a immigrant visa petition filed for the person is in itself not a bad thing to do. Its just that you will be denied most of the time for that visa.

But lying about anything or not stating the correct facts when applying for the non immigrant visa will land you in hot water when you go for your immigrant visa interview.

[pearls 0]

Trying for a non immigrant visa when there is a immigrant visa petition filed for the person is in itself not a bad thing to do. Its just that you will be denied most of the time for that visa.

But lying about anything or not stating the correct facts when applying for the non immigrant visa will land you in hot water when you go for your immigrant visa interview.

On my husbands student application we mentioned we were married and that I lived here, so I am going to assume if we had hid that fact the it would have been a big no no. I am guessing that is why he was denied anyways since his interview was barely five minutes and the co had already made up his mind before hand. Can you elaborate on something that can be classified as a lie or falsified fact on a f1 visa application? Thanks!

[iamwhatiam80 92]

On my husbands student application we mentioned we were married and that I lived here, so I am going to assume if we had hid that fact the it would have been a big no no. I am guessing that is why he was denied anyways since his interview was barely five minutes and the co had already made up his mind before hand. Can you elaborate on something that can be classified as a lie or falsified fact on a f1 visa application? Thanks!

Yes it would have been a big no no.

My wife was also denied because of the same reason even though I had not filed a petition for her at that time.

Well it could be something like not disclosing that you both are married or not disclosing that you have filed an immigrant visa petition on his behalf at the time of applying the student visa.