student visa before IR-1/CR-1

[lindyc 0]

Pls can my husband apply for student visa to America while waiting for IR-1/CR-1 spouse visa, I am still a green card holder/permanent resident so it will take a while for him to get visa nd i still have 2 yrs to get my citizen, I have filed for him wt my green card which takes 5yrs, so can he get student visa while we wait for citizenship which comes earlier than the five yrs wt green card. Thanks alot

[karhu69 19]

A student visa is a NON-immigrant visa! See here what it takes http://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment.

What I assume will raise a red flag is bullet item 6: "You must maintain a residence abroad which he/she has no intention of giving up." since this contradicts your current IR-1/CR-1 application.

You will probably just need to wait like everyone else.

[lindyc 0]

Hi karhu69,

Thanks for ur reply but if u dnt mind what does giving up rresidence abroad means exactly. Thank you

[karhu69 19]

IR-1/CR-1 is an immigrant visa http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html. My understanding is that by filing an IR-1/CR-1 petition you state explicitly an intent to immigrate to the US (because that is where your fiance/spouse lives), whereas by filing an F-1 petition (student visa) you explicitly state that you have NO intention of immigrating. Thus, these two statements are mutually exclusive.

When adjudicating an F-1 petition, USCIS will look for VERY strong ties to the country of origin, to make sure the petitioner goes back after completing his/her studies in the US (which is the the sole purpose of a student visa).

Having a spouse in the US and an IR-1/CR-1 petition in the USCIS pipeline would very much negate this, don't you think?

[lindyc 0]

Now I understand, and that makes a lot of sense, u can't promise u won't stay while u already have a plan nd evidence of staying, thanks a lot karhu69, he really want to do his BSC in nursing I guess we should try London or any other country.