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imkiran.timsina

Green Card processing in parallel to Student Visa application

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About me:
1. I am a Green Card holder.
2. I'll be marrying someone from abroad in few months.

About her:
1. She is a B.N. and is preparing for NCLEX-RN exam.
2. She has interest to do Masters in Public Health

Options to bring her to US:
1. Green Card processing through me for which the wait time is nearly 2.5 years.
2. Green Card through NCLEX-RN which also takes 2-3 years.
3. H1B through NCLEX-RN which is a hard find.
4. Apply for F1 to study Masters in Public Health

The fastest way as I see is to apply for F1 visa. The question that I have is- If I start Green Card processing through 1 or 2, will it affect her F1 request? Or any other suggestions to make the process faster would be appreciated.

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An F1 student visa applicant must prove that she intends to return home after completing her studies.  She can not have the intent to immigrate.

 

The EASIEST way to get your wife to the US is through you, the green card holder.

The US Embassy is well aware of people wanting to use student visas to avoid the wait of immigration.  

There is no fast, cheap, or easy way with immigration.  If there was, we all would be rich marketing it.

Be patient.  Visit often.  Develop your case.  Be smart. 

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I believe an F1 cannot have immigrant intent...

Agree with @aaron2020

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Even if you don't file a petition, she would have to declare that she is returning to her country for a F-1 visa......it appears that either a F2 visa or a work visa are the only options.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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And if you obtained your permanent residency by virtue of marriage to a USC then there is a waiting period of 5 years since you became an LPR before you can file for your spouse. 


 

 

 

 

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Note that being a "US resident" is not the same as being a "state resident" for tuition purposes. Usually state residency for colleges takes a minimum of 1 year after arrival in the US and needs to be proved with state identification like a drivers license, name on utility bills, bank accounts, etc. So your wife will need to wait to attend college, unless you can afford to pay the very expensive non-resident tuition.

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