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I-130 & Student Visa

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Filed: Timeline

Hello friends and thank you for taking your time to read and answer my question. :-)

My situation is, probably not specific, but it has mix of events and I do apologize if this thread might go to different category.

I am LPR and my husband and I got married this year here in US while he vas visiting me on his B1/B2 visitor visa. His visitor visa is multi entry and valid for 10 years.

I have petitioned him for Immigrant Visa, while he was still here. Couple of months after he left, the I-130 was approved and sent to NVC for further process.
He is now back to his home country.

He would like to study here in US.
Provided that he is already in the process for Immigrant Visa, do you think he can apply for student visa separately?
Our biggest concern is that reasonable risk that his student visa application may be rejected by US Consulate and his existing visitor visa canceled. Ofcourse, existing visas always get canceled when applying for new one regardless of whether new one is approved or not.

Other option would be to wait until he gets his Immigrant Visa but that could happen in 2 years which would delay his school start for additional 2 years.
There is another option too, to wait until I become a US citizen somewhat in June 2015 and then I can speed up his Immigrant Visa process but that will, again, delay his school start for about a year at least.
With his student visa approved, he could start his school as early as Spring 2015.

We really don't want him to be seen as someone who is impatient and just wants to get here desperately as that is not true. He really likes this school and he is looking forward to starts with his new career and starting with school as soon as possible is essential.

Thank you very much guys for your opinion and time, much appreciated. :-)

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Filed: Citizen (apr) Country: Canada

A student visa is a non immigrant visa, what ties can he show that indicates that he MUST return to his home country....this will be difficult (not impossible) with a LPR wife and a petition for himself waiting.

Further, international student tuition is very expensive, have you considered that additional cost to your family?

Has he applied to the school? Is it accredited?

What country is he from, is it one where AP might be likely which would delay his start date anyway?

good luck

August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2

February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete

May 4, 2009

May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011


April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony


September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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I agree. Once you have a pending petition the chances of getting a visa approved are not very good. Also, if he already has a tourist visa he can use it to visit you while the process is pending. He may still have to show strong ties at POE in order to be allowed entry. By the way, I did not know that they canceled existing visas if you apply for a new one.

This does not constitute legal advice.

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