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00roar00

F1 while in greencard application is processing?

By 00roar00 in Adjustment of Status from Work, Student, & Tourist Visas

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00roar00 Newbie

00roar00   1

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
 Timeline
Posted

The set-up:

My wife is Swiss and we are in the application process for residency (submitting Affidavit of Support tomorrow). We got married in a civil ceremony and applied for residency because we knew that we wanted to come to the US in August for my wife to start a PhD. We started the application process in Septemeber 2011. We are getting short on time and afraid that she will not get the interview by August (3 1/2 months away).

The question:

Is it possible for her to apply for a student visa (the school will help with this) while the residency application is in process?

What are the implications of this? Would there be difficulties or more expenses down the road if we do this?

Does it cancel out our residency application (already spent ~$1000)

What other options might we have?

Thank you for your help!

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Penguin_ie Grand Master

Penguin_ie   5,984

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

The F1 student visa is not dual intent-- ie you are not supposed to enter the USA with it, intending to stay forever. Clearly, your wife is intending to stay as she has a spousal visa pending. So I think the chances of her getting an F1 are very slim.

Your spousal visa app won;t be canceled though.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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00roar00 Newbie

00roar00   1

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
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  • Author
Posted

The F1 student visa is not dual intent-- ie you are not supposed to enter the USA with it, intending to stay forever. Clearly, your wife is intending to stay as she has a spousal visa pending. So I think the chances of her getting an F1 are very slim.

Your spousal visa app won;t be canceled though.

Thanks Miss Penguin.

Do you have any suggestions for a good strategy to ensure we get to the US by Aug? (Her school starts the last week of Aug)

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Penguin_ie Grand Master

Penguin_ie   5,984

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

11 months is usually plenty to get a spousal visa, though I don't know how long it takes the US Embassy in Switzerland to give out visa interviews. I would suggest studying the Guides here (top middle of the page) and making sure you have everything ready for every step, ie police certs etc. Once your case is at the embassy, you, the USC, could contact them and ask for a interview asap due to the PhD. Mention that you have everything ready and can be at the embassy with 24 hours notice if they get a cancelation.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Little_My Proficient

Little_My   463

Posted
Filed: Lift. Cond. (pnd) Country: Finland
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Posted

Your profile says you have Naturalization pending - is this correct, or are you already, or born, a US citizen..? That will also have an effect on your wait time.

Agree with Penguin, her chances of getting an F1 visa are slim to none given your pending spousal visa application. And also, technically it would be visa fraud for her to use an F1 visa to come into the US, since she is now planning to permanently immigrate here.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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00roar00 Newbie

00roar00   1

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
 Timeline
  • Author
Posted

Thank you all this is very helpful. I am a US citizen from birth (the pending refers to my wife). It is a good recommendation to get everything ready for the interview and I wouldn't have known that we could fill in for cancellations.

Keep it coming!

:)

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Little_My Proficient

Little_My   463

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Okay, well then it is good for you to be aware and know that your wife does not have a Naturalization process pending - Naturalization refers to a foreign citizen who is a permanent resident becoming a Naturalized US citizen by applying for citizenship and taking the oath of allegiance. Your wife has a pendign CR-1 application (or IR-1 if you have been married for more than 2 years), which will make her eligible for permanent residency, i.e. a greencard - very different from naturalization!

You have filed the I-130 for a CR-1/IR-1 spousal visa through a US embassy in Switzerland, correct?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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00roar00 Newbie

00roar00   1

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
 Timeline
  • Author
Posted

Okay, well then it is good for you to be aware and know that your wife does not have a Naturalization process pending - Naturalization refers to a foreign citizen who is a permanent resident becoming a Naturalized US citizen by applying for citizenship and taking the oath of allegiance. Your wife has a pendign CR-1 application (or IR-1 if you have been married for more than 2 years), which will make her eligible for permanent residency, i.e. a greencard - very different from naturalization!

You have filed the I-130 for a CR-1/IR-1 spousal visa through a US embassy in Switzerland, correct?

That's perfectly correct. I just signed up today for visa journey and clicked the only thing that said pending, my fault. She is pending CR-1/IR-1 spousal visa. We started by filing an I-130. Sorry if that info on the side messed with everyone.

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  • 1 year later...
Penguin_ie Grand Master

Penguin_ie   5,984

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

**** Closing as OP has not logged onto VJ for over a year, so this is a zombie thread *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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