Am I applying for the right visa?

[wbogard 2]

Hello,

Maybe some of you have already read some of my posts, and know that my husband was filing I-130 for me. But I'm not sure if I'm applying for the right visa. I would like to hear some advice. Thanks.

My husband and I live in Singapore. He is a PhD student. We intend to move back to the U.S. after his graduation which happens in Dec 2013. I would like to move to the U.S. early and go to school. I consulted my case with the U.S. embassy in Singapore. They recommended me to apply for student visa F-1 for my purpose of travel. I may adjust my status while I'm in the U.S.. At first, we didn't think of going the student visa route. Because I would have to pay twice as much money as it costs for in-state tuition as an international student. Also, it costs $1070 for filing for adjustment of status when it only costs $420 for filing I-130 while outside the U.S.. So we thought we would go immigrant visa route, and I would self-study before I can go to school. But the more I think about it, the more concern I'm. I know it's gonna take at least a year to get the application approved (if my application gets approved). And I'm afraid that my husband is not moving back to the U.S. until later will cause a problem and my case gets denied during interview. Although the embassy told me I'm still eligible to apply for an immigrant visa, my husband is not going to the U.S. with me. I'm concerned that I can't start school until summer/fall 2013 as immigrant visa is going to take a long time to get approved.

Do you think it's better for me to apply student visa, and adjust my status when I'm in the U.S.? I have been told that it's easier to get a green card while inside the U.S., is that true?

Thanks for reading this.

[Darnell 8,478]

If I were in your shoes, I'd make a bar graph of money vs time, studying international student rates , 'local' student rates (usually a recent immigrant must pay out of state tuition at a 4 year university, the first year, regardless) and then make a decision based on that bar graph.

Time is money, in this case.

[wbogard 2]

If I were in your shoes, I'd make a bar graph of money vs time, studying international student rates , 'local' student rates (usually a recent immigrant must pay out of state tuition at a 4 year university, the first year, regardless) and then make a decision based on that bar graph.

Time is money, in this case.

Thanks for your kind reply. Time is money, that's exactly why I considered getting a student visa instead of immigrant visa. I'm planning to study in a community college and it's cheaper than university, so the tuition fee won't be a big problem. Once I'm a pending permanent resident, I can get instate tuition.

My concern is that I'm not sure if it's appropriate to file adjustment of status once I get to the U.S. with a student visa. And is it really easier to get a green card while inside the U.S.?

[Deputy Purple 1,294]

An issue with using an immigrant Visa is that the Petitioner must re-establish Domicile in the US either before or at the same time the immigrant spouse enters the US.

A problem with using a Student Visa is that technically you do have immigrant intent so entering with it and then adjusting status as the spouse if a USC is Visa Fraud.

[beejay 123]

An issue with using an immigrant Visa is that the Petitioner must re-establish Domicile in the US either before or at the same time the immigrant spouse enters the US.

Is this a requirement? I know it is unusual but does it actually state somewhere that the petitioner needs to reside in the U.S. when the beneficiary moves?

[Deputy Purple 1,294]

Is this a requirement? I know it is unusual but does it actually state somewhere that the petitioner needs to reside in the U.S. when the beneficiary moves?

Well since the purpose of the Visa is for the Alien Spouse to live with their US Citizen Spouse... Yes.

I generally only comes up in DCF Cases because by default the US Citizen is residing outside of the US.

Here is a direct link to the question & answer at the Department of State's Site.

Edited November 29, 2011 by Bob 4 Anna

[pushbrk 12,106]

An issue with using an immigrant Visa is that the Petitioner must re-establish Domicile in the US either before or at the same time the immigrant spouse enters the US.

A problem with using a Student Visa is that technically you do have immigrant intent so entering with it and then adjusting status as the spouse if a USC is Visa Fraud.

Considering the totality of the circumstances, the OP would not have (present tense) immigrant intent upon entry, BECAUSE her USC husband is not yet ready to live in the USA. If she can obtain a Student Visa, then that's the way to go. I have my doubts about whether she can obtain the visa when (as a part of the student visa process) she must disclose her spouse is a US Citizen.

[beejay 123]

Well since the purpose of the Visa is for the Alien Spouse to live with their US Citizen Spouse... Yes.

I generally only comes up in DCF Cases because by default the US Citizen is residing outside of the US.

Here is a direct link to the question & answer at the Department of State's Site.

Thanks for the link. Is the issue of domcile specific for the CR1/IR1? I ask because I know that my cousin's husband(USC) left the country shortly after they moved here and married. They were not living together when they filed for AOS and an interview was requested but my cousin was approved for her greencard after the interview.

I fully admit I don't know the specific details of CR1/IR1 but it seems like this may be just a technicality that the OP and her husband could overcome with a little research into the process. I know I've seen a few threads on here about proving domicile while living outside of the US.

[Deputy Purple 1,294]

Considering the totality of the circumstances, the OP would not have (present tense) immigrant intent upon entry, BECAUSE her USC husband is not yet ready to live in the USA. If she can obtain a Student Visa, then that's the way to go. I have my doubts about whether she can obtain the visa when (as a part of the student visa process) she must disclose her spouse is a US Citizen.

Actually based on the OP's on earlier reply it sounds like the immigrant intent is present:

Once I'm a pending permanent resident, I can get instate tuition.

My concern is that I'm not sure if it's appropriate to file adjustment of status once I get to the U.S. with a student visa. And is it really easier to get a green card while inside the U.S.?

Actually based on the OP's on earlier reply it sounds like the immigrant intent is present:

Thanks for the link. Is the issue of domcile specific for the CR1/IR1? I ask because I know that my cousin's husband(USC) left the country shortly after they moved here and married. They were not living together when they filed for AOS and an interview was requested but my cousin was approved for her greencard after the interview.

I fully admit I don't know the specific details of CR1/IR1 but it seems like this may be just a technicality that the OP and her husband could overcome with a little research into the process. I know I've seen a few threads on here about proving domicile while living outside of the US.

The whole point of issuing a Greencard to an Alien Spouse is for them to live WITH their USC Spouse. I would guess the cousin's husband retain Domicile in the US and his absence from the country was temporary. You can be sure the question was asked during the AOS process about him living elsewhere (unless they concealed that fact).

In this case the OP's husband could return to the US to establish Domicile or maybe he technically still has domicile in the US as he's simply a student overseas. This is a question better asked of a competent immigration lawyer as a mistake here could cost a lot down the road.

[pushbrk 12,106]

Actually based on the OP's on earlier reply it sounds like the immigrant intent is present:

Actually based on the OP's on earlier reply it sounds like the immigrant intent is present:

The whole point of issuing a Greencard to an Alien Spouse is for them to live WITH their USC Spouse. I would guess the cousin's husband retain Domicile in the US and his absence from the country was temporary. You can be sure the question was asked during the AOS process about him living elsewhere (unless they concealed that fact).

In this case the OP's husband could return to the US to establish Domicile or maybe he technically still has domicile in the US as he's simply a student overseas. This is a question better asked of a competent immigration lawyer as a mistake here could cost a lot down the road.

I get where you're coming from but two issues will sink this ship prior to concerns about adjusting status.

1. Not going to get the student visa to begin with because of immigrant intent.

2. If not 1, then there will be no adjustment of status until AFTER the husband is living in the USA with his foreign spouse.

You can get an immigrant spouse visa while the USC spouse is living abroad but not for use to enter the USA prior to the USC spouse. The two education paths conflict. This conflict is the first thing to resolve.

[Deputy Purple 1,294]

I get where you're coming from but two issues will sink this ship prior to concerns about adjusting status.

1. Not going to get the student visa to begin with because of immigrant intent.

2. If not 1, then there will be no adjustment of status until AFTER the husband is living in the USA with his foreign spouse.

You can get an immigrant spouse visa while the USC spouse is living abroad but not for use to enter the USA prior to the USC spouse. The two education paths conflict. This conflict is the first thing to resolve.

Just FWIW,

We're agreeing that the Student Visa probably isn't the proper route to take and the Spousal Visa will have it's own problems (though they might be able to overcome them if the USC still has domicile in the US).

I'd think the USC's US domicile might come into question with clear plans to live overseas for 2 more years though.

[beejay 123]

In this case the OP's husband could return to the US to establish Domicile or maybe he technically still has domicile in the US as he's simply a student overseas. This is a question better asked of a competent immigration lawyer as a mistake here could cost a lot down the road.

Agreed.

( as a side note the cousin in law and her husband did not conceal the fact he had gone to live overseas. I assume their living apart is what caused them to be interviewed. It was for work and he did eventually return but after the greencard was approved)

[wbogard 2]

Hi all,

Thanks for giving me all the advice. My USC husband lived with his parents before he moved to Singapore. And we intend to live with his parents when we move back. My concern about going the immigrant visa route is that they may reject my application because my husband is not going back to the U.S. until the end of 2013. I know immigrant visa will usually take at least a year to get approved. It would suck big time after a year working on it and I get rejected. That's why I consider getting a student visa. If I get one, I can start school early. I understand that some of you concern that technically I do have immigrant intent. I only want to get green card as soon as possible because I don't have to pay more tuition fee. But if I have to, I don't mind paying more for a year and half.

But someone did bring up a question whether I can obtain the visa when (as a part of the student visa process) I must disclose her spouse is a US Citizen. I concern about it as well. Because to be able to get a student visa, I have to demonstrate strong financial, social, and family ties abroad that will compel them to return after the program of study. How can I demonstrate strong social and family ties?

I was told by the embassy people that I'm still eligible to apply for immigrant visa even if my husband is not coming back to USA when I enter USA. I just am not sure if it's really true. But do you think maybe the immigrant visa route seems to have a larger chance to succeed?

Thanks all.

[pushbrk 12,106]

Hi all,

Thanks for giving me all the advice. My USC husband lived with his parents before he moved to Singapore. And we intend to live with his parents when we move back. My concern about going the immigrant visa route is that they may reject my application because my husband is not going back to the U.S. until the end of 2013. I know immigrant visa will usually take at least a year to get approved. It would suck big time after a year working on it and I get rejected. That's why I consider getting a student visa. If I get one, I can start school early. I understand that some of you concern that technically I do have immigrant intent. I only want to get green card as soon as possible because I don't have to pay more tuition fee. But if I have to, I don't mind paying more for a year and half.

But someone did bring up a question whether I can obtain the visa when (as a part of the student visa process) I must disclose her spouse is a US Citizen. I concern about it as well. Because to be able to get a student visa, I have to demonstrate strong financial, social, and family ties abroad that will compel them to return after the program of study. How can I demonstrate strong social and family ties?

I was told by the embassy people that I'm still eligible to apply for immigrant visa even if my husband is not coming back to USA when I enter USA. I just am not sure if it's really true. But do you think maybe the immigrant visa route seems to have a larger chance to succeed?

Thanks all.

"Eligible to apply for" means, you can apply, not that you'll receive a visa. They'll take your money and tell you no. Your strong ties are to your husband.

[wbogard 2]

"Eligible to apply for" means, you can apply, not that you'll receive a visa. They'll take your money and tell you no. Your strong ties are to your husband.

Yes that's what I concern about. Does his permanent address (his parent's address) he intends to live at after he graduates help? Because that's where I intend to live as well.