Am I applying for the right visa?

[pushbrk 12,106]

So my husband can file I-130 first, then I apply for student visa? How does it work? I thought the problem I was having about applying for immigrant visa was that my husband wasn't returning back to USA until the end of 2013. Did you mean just to file the I-130 to convince them that I have no intention to immigrating to the USA when I'm on student visa? And the petition might not be successful?

Filing an I-130 is not applying for a visa but it is the first step and is an indicator you intend to follow the correct process for an immigrating spouse.

"Might", yes.

[pushbrk 12,106]

Why do I obviously have immigrant intent when I apply for a student visa? Because I'm married to an American citizen?

Adjust my education plans, do you mean postponing it?

So I have read that immigrant visa usually issed six months. Can I start the immigrant visa application in june 2012 if I plan to leave Singapore in Dec 2013? I don't know how long it usually take to get approved. I'm afraid that if it takes longer than 1 year for my application to get approved.

Thanks!

Yes, it's obvious you have immigrant intent BECAUSE you are married to a US Citizen whose plans are to live in the USA.

Whatever change it takes. Either he comes back sooner or you immigrate later.

An immigrant visa usually takes from 8 to 10 months from petition filing to interview but you can manage the process so it takes longer, when you aren't in a hurry.

You need to get your head around the fact that adjustments to your plans are likely to be necessary. You are unlikely to get a student visa and you don't qualify for an immigrant visa until your husband is ready to live WITH you in the USA. Something has to give. It won't be the US Government doing the adjusting to match your desires.

[wbogard 2]

Yes, it's obvious you have immigrant intent BECAUSE you are married to a US Citizen whose plans are to live in the USA.

Whatever change it takes. Either he comes back sooner or you immigrate later.

An immigrant visa usually takes from 8 to 10 months from petition filing to interview but you can manage the process so it takes longer, when you aren't in a hurry.

You need to get your head around the fact that adjustments to your plans are likely to be necessary. You are unlikely to get a student visa and you don't qualify for an immigrant visa until your husband is ready to live WITH you in the USA. Something has to give. It won't be the US Government doing the adjusting to match your desires.

I think I just found a solution for my case. I will not apply either immigrant visa or student visa now. Because I just found out that the community school I wanna study at offers distance learning for international student. I will apply for an immigrant visa in 2012.

Thank you so much for giving me advice the whole time.

[Ryan H 3,790]

So I have read that immigrant visa usually issed six months. Can I start the immigrant visa application in june 2012 if I plan to leave Singapore in Dec 2013? I don't know how long it usually take to get approved. I'm afraid that if it takes longer than 1 year for my application to get approved.

Your USC husband must first file a petition with USCIS, only when that petition has been approved will you be able to apply for an immigrant visa.

The posted time by USCIS from submission of a petition to adjudication decision is 5 months. In recent times, it takes 1 month from the time the petition is approved to the NVC assigning the file a case number. If managed properly, NVC processing will last only a few weeks (submission of documents to the NVC is the formal process of you, the beneficiary of the approved petition applying for a visa). Once the NVC completes their review, an interview is scheduled based on what the Embassy has available.

Estimate 7-9 months from the date the petition is filed to a date that an interview would be scheduled.

Edited December 1, 2011 by Ryan H