F-1 visa for spouse of LPR

[iamwhatiam80 92]

Hi Vjers,

I am a LPR waiting to apply for citizenship early next year. I have been married for little less than 2 years to an Indian girl who is in India right now. I visit her every year.

What are her chances of getting a student visa ?

I am willing to sponsor her living and educational expenses. Do i have to submit I-134 for this ?

PLease let me know.

[TimeTravel 78]

Hi Vjers,

I am a LPR waiting to apply for citizenship early next year. I have been married for little less than 2 years to an Indian girl who is in India right now. I visit her every year.

What are her chances of getting a student visa ?

I am willing to sponsor her living and educational expenses. Do i have to submit I-134 for this ?

PLease let me know.

Have you already filled I-130 ( spouse visa ) for her?

[iamwhatiam80 92]

Oh i forgot to mention that. No i did not file the I-130 yet.

[TimeTravel 78]

Oh i forgot to mention that. No i did not file the I-130 yet.

I dont know what are the chances for her F1 approval, but you can try.

But lets say even she get F1 visa, and down the road, when you want to get spouse visa for her, then she must have to return to India, and follow the process of IR-1. She won't able to adjust the status in United States since you guys are already married.

[iamwhatiam80 92]

I dont know what are the chances for her F1 approval, but you can try.

But lets say even she get F1 visa, and down the road, when you want to get spouse visa for her, then she must have to return to India, and follow the process of IR-1. She won't able to adjust the status in United States since you guys are already married.

As far as I know immediate relatives of citizens are eligible for adjustment of status while staying in the United states as long as their status in the US is valid.

[TimeTravel 78]

As far as I know immediate relatives of citizens are eligible for adjustment of status while staying in the United states as long as their status in the US is valid.

Lets say, she came to USA using F1 visa, and then met you, then you guys got married, then you guys can adjust the status. Reason: because she didn't intend to stay in US when she came to US using F1 visa.

But you guys are already married, and when she is coming to US on non-immigrant visa then she can't adjust the status in USA. Non-immigrant visa are not meant to adjust the status in US.

[Anh map 2,098]

Have you examined what is required for a student visa? Acceptance into a school. Proof of funds to pay for the school?

[LIFE'SJOURNEY 970]

F-1 would probably be denied becase she/ that girl/your wife is married to a LPR, what reasons would your wife be presenting that after studies she would be returning to India?

[aaron2020 11,651]

But you guys are already married, and when she is coming to US on non-immigrant visa then she can't adjust the status in USA. Non-immigrant visa are not meant to adjust the status in US.

This is incorrect.

As long as she was legally admitted to the US and nothing prevents her from adjusting (i.e., J-1 HRR), then she can adjust.

She can be married, come on a non-immigrant visa, and adjust.

[aaron2020 11,651]

Hi Vjers,

I am a LPR waiting to apply for citizenship early next year. I have been married for little less than 2 years to an Indian girl who is in India right now. I visit her every year.

What are her chances of getting a student visa ?

I am willing to sponsor her living and educational expenses. Do i have to submit I-134 for this ?

PLease let me know.

It's highly unlikely that she will be granted a student visa.

First, a student visa applicant must prove that he/she intends to return home after finishing his/her course of study. With a spouse in the US, it is unlikely that your wife will be able to prove that she intends to return to India after her course of study. She is likely to adjust and remain in the US. So, that makes it impossible or incredibly hard to prove that she will return home as required.

Second, she needs to be accepted to a US college before she can apply for the student visa. She would need to show she has sufficient funds before the school will issue an I-20. The I-20 is required to file for a student visa.

For the local community college in San Diego, the cost is $18,000 per year. That's $36,000 for an associate degree. It doesn't matter if the student is living with relatives for free. The prospective student must show at least $36,000 in the bank to get the I-20.

Will this be a problem? Usually, the financial requirement in the second point is what the prospective student gets stuck on.

[iamwhatiam80 92]

It's highly unlikely that she will be granted a student visa.

First, a student visa applicant must prove that he/she intends to return home after finishing his/her course of study. With a spouse in the US, it is unlikely that your wife will be able to prove that she intends to return to India after her course of study. She is likely to adjust and remain in the US. So, that makes it impossible or incredibly hard to prove that she will return home as required.

Second, she needs to be accepted to a US college before she can apply for the student visa. She would need to show she has sufficient funds before the school will issue an I-20. The I-20 is required to file for a student visa.

For the local community college in San Diego, the cost is $18,000 per year. That's $36,000 for an associate degree. It doesn't matter if the student is living with relatives for free. The prospective student must show at least $36,000 in the bank to get the I-20.

Will this be a problem? Usually, the financial requirement in the second point is what the prospective student gets stuck on.

@Aaron2020 and others .Thank you for your replies.

Yes I always knew that someone legally admitted into the US and who is maintaining the status is eligible to adjust of status as long as they are immediate relatives of US citizens. I dont know why some people think otherwise.

Financials will not be a problem if I am allowed to be the sponsor for her. Can i be a sponsor for her living and educational expenses here in the US ? Is I-134 enough for this ?

I understand its tough to demonstrate herself as a non intending immigrant in the interview. But will trying for it be a negative action for her future I-130 ?

[aaron2020 11,651]

@Aaron2020 and others .Thank you for your replies.

Yes I always knew that someone legally admitted into the US and who is maintaining the status is eligible to adjust of status as long as they are immediate relatives of US citizens. I dont know why some people think otherwise.

Financials will not be a problem if I am allowed to be the sponsor for her. Can i be a sponsor for her living and educational expenses here in the US ? Is I-134 enough for this ?

The I-134 is irrelevant. You cannot use this to secure a student visa.

You can pay for her education. Anyone can pay. That is not the issue.

She must first get admitted to a US school. She must show she can meet the financial requirement on her college application. Once she is accepted, the school will issue an I-20. Once she has the I-20, she can apply for a student visa.

The I-134 has nothing to do with the student visa process.

I understand its tough to demonstrate herself as a non intending immigrant in the interview. But will trying for it be a negative action for her future I-130 ?

No. A denied student visa will have no affect on her future I-130.

The only times it becomes a problem is when someone lies. You would be surprised by the number of people who marry abroad and thinks they are single in the US. These people sometimes make the mistake of listing single on their applications which triggers a material misrepresentation tag which dooms all future applications.

[iamwhatiam80 92]

The I-134 is irrelevant. You cannot use this to secure a student visa.

You can pay for her education. Anyone can pay. That is not the issue.

She must first get admitted to a US school. She must show she can meet the financial requirement on her college application. Once she is accepted, the school will issue an I-20. Once she has the I-20, she can apply for a student visa.

The I-134 has nothing to do with the student visa process.

No. A denied student visa will have no affect on her future I-130.

The only times it becomes a problem is when someone lies. You would be surprised by the number of people who marry abroad and thinks they are single in the US. These people sometimes make the mistake of listing single on their applications which triggers a material misrepresentation tag which dooms all future applications.

@Aaron2020

Her application for the college itself has an option for sponsorship on the financial requirements. So i will take care of that.

OK so i understand that I don't need to send her I-134 when she goes for the interview. Then how is she proving she has the financials when she attends the interview ?

And can you please tell where do people misrepresent material facts ?

[Anh map 2,098]

@Aaron2020

Her application for the college itself has an option for sponsorship on the financial requirements. So i will take care of that.

OK so i understand that I don't need to send her I-134 when she goes for the interview. Then how is she proving she has the financials when she attends the interview ?

And can you please tell where do people misrepresent material facts ?

Misrepresenting material facts is a nice way to say someone is lying. Not telling the whole truth is a material misrepresentation. Trying to be "cute" and talking around a question or issue can lead to immigration bans. Choose your path carefully.

[iamwhatiam80 92]

Misrepresenting material facts is a nice way to say someone is lying. Not telling the whole truth is a material misrepresentation. Trying to be "cute" and talking around a question or issue can lead to immigration bans. Choose your path carefully.

Thanks Anh map.

I hope my wife joins me soon.