Study in the US with pending CR1

[lizka 3]

Hi everyone,

I was wondering if I could run a scenario by you. My new husband and I are in a bit of a predicament. We got married in late April, I left for Spain in June and in middle of July (just about a week ago) my husband received news that he has been granted a very prestigious private scholarship from Spain (not government related). So he gets to go to school in any school of his choice for his masters in fine arts in the US. So we will be able to get our masters and then figure out where to go from there. Now, the predicament, is that he will most likely be denied a student visa because his wife (ME) is an American citizen, and although he can study as a permanent resident after the spousal visa is approved, there is the chance that the approval won´t come in time for next fall 2012. My question is, should the spousal visa not be approved in time, if it´s still pending in say, June or July of next year, what is the course of action for a student who wants to study in the US but has a pending immigration visa? Are there any exceptions, can he apply for an F1 visa should the process take longer or God forbid be denied, should we talk directly to the school about a special I-20 should the immigration visa be a problem? I know that the F1 is a non immigrant visa, but we have done everything by the books, and this scholarship is a once in a lifetime opportunity for him, and he must start next fall 2012. THANK YOU ALL!

[Harsh_77 718]

Answer is not going to change, you had posted this thing few days back and you have got the best answere that you can get.

He will have to wait until his CR1 process is over, unfortunately getting admission and getting a scholarship does not expedite your CR1, attempting for any other visa is normally considered as you trying to circumvent the process.

[HS2 7]

Hi everyone,

I was wondering if I could run a scenario by you. My new husband and I are in a bit of a predicament. We got married in late April, I left for Spain in June and in middle of July (just about a week ago) my husband received news that he has been granted a very prestigious private scholarship from Spain (not government related). So he gets to go to school in any school of his choice for his masters in fine arts in the US. So we will be able to get our masters and then figure out where to go from there. Now, the predicament, is that he will most likely be denied a student visa because his wife (ME) is an American citizen, and although he can study as a permanent resident after the spousal visa is approved, there is the chance that the approval won´t come in time for next fall 2012. My question is, should the spousal visa not be approved in time, if it´s still pending in say, June or July of next year, what is the course of action for a student who wants to study in the US but has a pending immigration visa? Are there any exceptions, can he apply for an F1 visa should the process take longer or God forbid be denied, should we talk directly to the school about a special I-20 should the immigration visa be a problem? I know that the F1 is a non immigrant visa, but we have done everything by the books, and this scholarship is a once in a lifetime opportunity for him, and he must start next fall 2012. THANK YOU ALL!

Hi

No student visa can be granted when there is a pending petition.They even ask the question if you ever applied for any sort of visa on the F1 application.

There is plenty of accredited American Colleges around Europe. You might want to look into that.

Good Luck

[canadian_wife 1,823]

Right now you are simply wasting time, the F-1 is not the path for you as it is obvious that you are trying to get your husband to the US quickly.

File the Cr-1 paperwork now, you have a year...that should be enough time, any further delay will simply ensure your husband will not be in the US by the deadline

Good luck

PS - there is nothing stopping you from applying for an F-1 visa, just know it will probably be denied

[lizka 3]

Hi

No student visa can be granted when there is a pending petition.They even ask the question if you ever applied for any sort of visa on the F1 application.

There is plenty of accredited American Colleges around Europe. You might want to look into that.

Good Luck

There is no point of paying to go and get my masters for tens of thousands of euros, when both my husband and I have scholarships to study in a US institution, for free, :-)

[lizka 3]

Answer is not going to change, you had posted this thing few days back and you have got the best answere that you can get.

He will have to wait until his CR1 process is over, unfortunately getting admission and getting a scholarship does not expedite your CR1, attempting for any other visa is normally considered as you trying to circumvent the process.

I understand what you are saying, but this post was not meant to undermine my last one, there are new questions that I asked, particularly because, while going over USCIS website, I found this:

"Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. "

We are all in the same situation here, we all want to be with our loved ones, pardon if my questions seem repetitive, I just want to make sure that i'm on the right page. thanks again.

[canadian_wife 1,823]

What you must have missed is this...

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The K-3 is a dual intent visa, allowing the spouse of a US citizen to enter the US - however it is no longer a viable option. I understand you must have seen the 'non-immigrant' part of the K-3 and thought you had an option with the F-1 non-immigrant visz

You do not, the F-1 visa expects its beneficiary to return to the home country, K3 (when it was issued) does not expect the beneficary to return

Good luck

[Harsh_77 718]

CW answered your question in regards to K3.

I thought in you last post you mentioned your husband has to join college by Aug 2012 and you were adviced by most posters you have 1 year and your CR1 would get processed in 7-8 months.

So I am not sure what you are looking for, if you are married to USC you dont have very many choices of getting any kinda visa.