Student Visa While Waiting for a CR-1

[EdenG 3]

Hi, hopfully someone can help me with this question.

I married my husband abroad, and I'm scheduled to go back for graduate school. Unfortunately, we did not start the process earlier and are since he needs to begin school, we were wondering if its possible for him to apply for school in the states, get in, attain a student visa, and then we can file in the states.

Is that even possible?

Best,

Eden

[aaron2020 11,651]

Hi,

It's possible but not without lots of money and time.

First, a student visa is a non-immigrant visa where the applicant must show a foreign home that he intends to return to after finishing school. This will be impossible for your husband to show.

Second, a community college in the US will require about $20,000 in cash in a bank before it can admit a student. If it's a 4 years college or graduate school, you are looking at $40,000 in cash.

Third, he needs to be accepted at a school before he can apply for a visa. That will take time. Probably not in time for Fall 2014. Maybe for Winter or Spring 2015.

You are better off just going for the spousal visa.

Edited June 24, 2014 by aaron2020

[Harpa Timsah 13,258]

No, not really.

[southcoast 27]

You need to be very careful with this. If it his subjective intent to remain in the US, then he is effectively lying to the CBP when he says he is making an F entry. This question is frequently raised at adjustment interviews.

[EdenG 3]

I see, that makes sense.

Thanks!